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A.R.S. § 14-5402

Court Jurisdiction in Arizona Conservatorship Cases

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

Once someone files a conservatorship petition and serves notice, the Arizona court takes exclusive control over the protected person's estate. The court decides how assets are managed, spent, and given out.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

What the Court Controls

Filing a conservatorship petition triggers a shift in authority. The superior court where the petition was filed takes exclusive control from the moment notice is served.

This covers two key areas. First, the court alone decides whether a conservator is needed. Second, it alone decides how the protected person's estate should be managed.

After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: 1. Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated. 2. Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state shall be managed, expended or distributed to or for the use of the protected person, the protected person's dependents or other claimants.

A.R.S. § 14-5402

This means no other court can override these decisions. The conservatorship court controls how the person's money and property are handled.

Even if a court has already appointed a guardian, the conservatorship court still holds separate authority over financial matters.

Shared Authority Over Claims and Title Disputes

The court's exclusive power has one important limit. It shares authority over claims and title questions with other courts.

For example, creditor disputes, contract claims, or real estate title questions can be heard in either court. This keeps the conservatorship court focused on managing and protecting the estate.

After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: 1. Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated. 2. Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state shall be managed, expended or distributed to or for the use of the protected person, the protected person's dependents or other claimants. 3. Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and questions of title concerning any estate asset.

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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