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A.R.S. § 14-5106

Disclosure for Proposed Guardians

Verified April 4, 202657th Legislature, 1st Regular Session

In Arizona, every proposed guardian or conservator must give the court detailed information under oath. This includes felony records, past fiduciary work, conflicts of interest, and business ties to the ward's care.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

What the Court Needs to Know

Arizona screens proposed guardians and conservators carefully. Before any appointment, the proposed person must answer questions under oath. These questions cover background, experience, and possible conflicts.

This process helps the court spot red flags early. It happens before anyone gains authority over another person's life or finances.

Before being appointed as a temporary or permanent guardian or conservator every proposed appointee, except entities referred to in section 14-5411, subsection B, shall provide to the court, under oath, the following information: 1. Whether or not the proposed appointee has been convicted of a felony in any jurisdiction and, if so, the nature of the offense, the name and address of the sentencing court, the case number, the date of conviction, the terms of the sentence...

A.R.S. § 14-5106(A)

The disclosure covers eleven specific areas. For example, the court asks if the proposed person has ever been removed as a guardian or conservator. It also asks about financial ties to companies that provide housing or healthcare to the ward.

Court Discretion and Extra Safeguards

Beyond the required disclosures, the court can dig deeper. It can ask for more details about past fiduciary work, including case numbers and dates.

The appointing court may impose restrictions or conditions on the appointment of a guardian or conservator, or of a category of guardian or conservator, that it finds necessary to provide for the appropriate care and supervision of its wards or protected persons.

A.R.S. § 14-5106(B)

The court can also add restrictions or conditions to the appointment. These extra steps reflect Arizona's focus on protecting vulnerable people. For families filing for guardianship or conservatorship, knowing these rules upfront can speed up the process.

A. Before being appointed as a temporary or permanent guardian or conservator every proposed appointee, except entities referred to in section 14-5411, subsection B, shall provide to the court, under oath, the following information: 1. Whether or not the proposed appointee has been convicted of a felony in any jurisdiction and, if so, the nature of the offense, the name and address of the sentencing court, the case number, the date of conviction, the terms of the sentence, the name and telephone number of any current probation or parole officer and the reasons why the conviction should not disqualify the proposed appointee. 2. Whether or not the proposed appointee has acted as guardian or conservator for another person within three years of the petition and, if so, the number of individuals for whom the proposed appointee is currently serving and the number of individuals for whom the proposed appointee's appointment has been terminated within the three-year period. 3. Whether or not the proposed appointee has a working knowledge of the powers and duties imposed on a guardian or a conservator. 4. Whether or not the proposed appointee has acted within three years of the petition in a fiduciary capacity pursuant to a power of attorney and, if so, the number of persons for whom the appointee has so acted. 5. Whether or not, to the best of the proposed appointee's knowledge, the proposed appointee or any enterprise in which the proposed appointee has an interest is listed in the registry pursuant to section 46-457. 6. Whether or not, within three years of the petition, the proposed appointee has failed to file any report of guardian or conservatorship accounting for three months following receipt of notice of delinquency. 7. Whether or not the proposed appointee has ever been removed as a guardian or conservator and, if so, for whom and under what circumstances. 8. The nature of the proposed appointee's relationship to the p...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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