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. § 14-5402This 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.