Why Courts Require Bonds
A guardian bond is a form of financial protection. It provides a safeguard for the person under disability whose assets are being managed by the guardian. If the guardian mismanages funds or fails to fulfill their duties, the bond provides a source of recovery.
Guardians coming into the possession or control of funds or other property of persons under disability may be required by the court to furnish a bond in an amount and under the conditions set forth for conservators in section 14-5411 and 14-5412.
A.R.S. § 14-5105The court has discretion here. Not every guardian appointment triggers a bond requirement. When the guardian is a close family member managing modest assets, the court may waive the bond. But when significant funds or property are involved, the court can require a bond that matches the value of the assets under the guardian's control.
How Bond Amounts Are Determined
The statute ties the guardian bond to the same standards used for conservators under A.R.S. 14-5411 and 14-5412. Those provisions set the bond amount based on the value of the property the guardian will manage, plus anticipated income. The bond must be sufficient to protect the ward's interests.
For families considering a guardianship appointment, understanding the bond requirement is important. The cost of obtaining a bond is typically a small percentage of the bond amount, and it is paid from the ward's estate. If the court requires a bond, the guardian must secure it before taking control of any assets.