Two Paths to Conservatorship
Under Arizona law, guardianship and conservatorship in Arizona serve different purposes. A guardian or conservator may both be needed, but conservatorship focuses on finances. For a minor or adult child, the court looks at whether they own money or property that needs professional management. The standard for minors is 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 incapacitated adults, the bar is higher. The court must find, by clear and convincing evidence, that the protected person cannot manage their own affairs. It must also find that their property will be wasted without intervention. Reasons can include mental illness, physical disability, chronic substance use, confinement, or disappearance. Estate planning documents like a power of attorney can sometimes prevent the need for this step.
Protections Built Into the Process
Arizona does not take conservatorship lightly. Unless the person is confined, detained by a foreign power, or missing, they must appear before the court. This can be in person or by virtual means. If the person is unable or unwilling to attend, evidence of that must be presented. If a court has already appointed a guardian, the conservatorship process still requires its own findings.
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. The applicant bears the cost. Licensed fiduciaries and employees of financial institutions are exempt. These safeguards protect vulnerable individuals from exploitation.