Two Paths to Conservatorship
This statute draws a clear line between conservatorships for minors and those for adults. For a minor, the court looks at whether the child owns money or property that needs professional management, or whether funds are needed for the child's support and education. The standard is relatively straightforward.
Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection that cannot otherwise be provided.
A.R.S. § 14-5401(A)(1)For adults, the bar is higher. The court must find, by clear and convincing evidence, both that the person cannot manage their own affairs and that their property will be wasted or dissipated without intervention. Reasons can include mental illness, physical disability, chronic substance use, confinement, or disappearance.
Protections Built Into the Process
Arizona does not take conservatorship lightly. Unless the person is confined, detained by a foreign power, or missing, the court requires the person allegedly in need of protection to appear, either in person or by virtual means. If the person is unable or unwilling to attend, evidence of that must be presented and documented.
The court shall not appoint a conservator or enter a protective order for a person under subsection A, paragraph 2 of this section unless the person allegedly in need of protection has appeared before the court either in person or by virtual means.
A.R.S. § 14-5401(D)The court may also require prospective conservators to submit fingerprints for a criminal background check, with the cost borne by the applicant. Licensed fiduciaries and employees of financial institutions are exempt from this requirement. These safeguards exist to protect vulnerable individuals from exploitation.
