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A.R.S. § 14-5106

Disclosure Requirements for Proposed Guardians and Conservators in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Before being appointed as a guardian or conservator in Arizona, every proposed appointee must provide the court with detailed disclosures under oath. These include felony convictions, prior fiduciary service, conflicts of interest, and any business ties to housing or healthcare providers serving the ward.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

What the Court Needs to Know

Arizona takes the screening of proposed guardians and conservators seriously. Before any appointment, the proposed appointee must answer a series of questions under oath, covering their background, experience, and potential conflicts. This process helps the court identify red flags before handing someone 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, including whether the proposed appointee has ever been removed as a guardian or conservator, whether they have financial interests in enterprises providing housing or healthcare to the ward, and whether they have received gifts or bequests from people they have previously served.

Court Discretion and Additional Safeguards

Beyond the mandatory disclosures, the court has broad discretion to dig deeper. It can require additional details about past fiduciary service, including case numbers and dates. It can also impose restrictions or conditions on the appointment that it finds necessary to protect the ward.

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)

These disclosure requirements reflect Arizona's commitment to protecting vulnerable individuals. For families petitioning the court for a guardianship or conservatorship, understanding these requirements upfront can help streamline the process and avoid delays.

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 proposed ward or protected person, and how the proposed appointee met the proposed ward or protected person. 9. Whether or not the proposed appointee or any enterprise in which the proposed appointee has an interest ever received anything of value, exceeding a total of one hundred dollars in any one year, by gift, devise or bequest from an individual or the estate of an individual to whom the proposed appointee was not related by blood or marriage and for whom the proposed appointee has at any time served as guardian, conservator, trustee or agent, and, if so, the number of such occasions. 10. 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 named as a personal representative, trustee, devisee or other type of beneficiary of any individual to whom the proposed appointee is not related by blood or marriage and for whom the proposed appointee has at any time served as guardian, conservator, trustee or agent and, if so, the number of such occasions. 11. Whether or not the proposed appointee has an interest in any enterprise providing housing, health care or comfort care services to any individual, and, if so, the name and address of each such enterprise and the extent of each such interest. B. 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. C. The court may, in its discretion, require proposed appointees to disclose to the court, the investigator and the court-appointed attorney further details concerning the information referred to in subsection A of this section. D. The court may, in its discretion, upon a showing of good cause place limitations upon access by the public to any or all of the information disclosed pursuant to this section.
View on azleg.gov

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.

Related Questions

How do guardianship and conservatorship proceedings work in Arizona?

Both require filing with the Arizona Superior Court, medical evidence of incapacity, and a judge's approval. The process takes months and costs thousands. Powers of attorney accomplish the same goals without court involvement.

How do I choose the right trustee for my estate?

Choose a trustee based on competence, not convenience. Avoid naming all children as co-trustees, which creates gridlock. Pick your most capable child as primary and name a backup.

Related Statutes

§ 14-5101Key Definitions for Arizona Guardianship and Protective Proceedings
§ 14-5102Court Jurisdiction Over Guardianship and Conservatorship in Arizona
§ 14-5103Facility of Payment or Delivery to a Minor in Arizona

Related Services

Court-appointed protection for vulnerable individuals

Guardianship & Conservatorship

When a loved one can no longer manage their own affairs due to incapacity, guardianship and conservatorship provide a legal framework for their care and financial protection.

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