When a Temporary Conservator Can Be Appointed
Emergencies do not wait for full court proceedings. If a person has no conservator and their property faces immediate risk, the court can step in quickly. The same applies when an existing conservator is failing to perform. Any interested person can petition. This process applies to both temporary guardianship or conservatorship situations.
If a person allegedly in need of protection has no conservator and an emergency exists or if an appointed conservator is not effectively performing the duties of a conservator and the estate or affairs of the protected person are found to require immediate action, the person allegedly in need of protection, the protected person or any person interested in that person's estate or affairs may petition for a finding of a need for interim protection and for the appointment of a temporary conservator.
A.R.S. § 14-5401.01(A)In extreme cases, the court can appoint a temporary conservator without advance notice. This happens only when specific conditions are met. The petitioner must show that immediate and irreparable harm will occur before the person can be heard. They must also certify efforts to give notice or explain why notice should be excused.
Time Limits and the Right to Object
Temporary conservatorships come with strict time limits. An appointment made without notice expires within 30 days. The court can extend it only for good cause. Even with notice, the maximum term is six months. The court must also appoint an attorney for the person if they do not already have independent counsel.
After notice and a hearing, if the court finds that a temporary conservator is necessary and the provisions of this section have been met, the court shall make an appointment of a temporary conservator for a specified period of time of not more than six months unless the court extends this time period for good cause shown.
A.R.S. § 14-5401.01(H)The person can also move to dissolve or modify the appointment on as little as two days' notice. If the person objects to who was appointed, the court can appoint someone they nominate. The nominee must be at least 14 years old and have sufficient mental capacity. These protections keep emergency appointments from becoming permanent arrangements without proper review.