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A.R.S. § 14-5404

What a Conservatorship Petition Must Include in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Anyone interested in protecting someone's financial affairs can file a conservatorship petition in Arizona. The petition must include specific information about the person in need of protection, the proposed conservator, the estate's estimated value, and whether the person already has a power of attorney or trust in place.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Who Can File a Petition

Arizona casts a wide net when it comes to who can file a petition to start a conservatorship case. The protected person can file on their own behalf. So can parents, a guardian or conservator, custodians, or anyone with an interest in that person's estate. Even someone who would be adversely affected by the lack of proper management of financial affairs can petition the court. Any family member or interested party may step forward.

The person allegedly in need of protection, any person who is interested in that person's estate or affairs, including that person's parent, guardian or custodian, or any person who would be adversely affected by lack of effective management of that person's estate and affairs may petition for the appointment of a conservator or for any other appropriate protective order.

A.R.S. § 14-5404(A)

This broad standing ensures that someone can always step forward when financial exploitation threatens a vulnerable person. All interested parties have the right to be heard.

Required Information in the Petition

The petition is not a casual request. Arizona requires at least ten specific pieces of information. These include the petitioner's interest, the name and age of the protected person, the proposed conservator's name, and a general statement of the estate with a value estimate. The petition must also indicate whether anyone has already been appointed a guardian.

Two requirements stand out. The petition must disclose whether the person has a durable power of attorney and attach a copy. It must also disclose whether the person has a healthcare power of attorney that nominates a guardian or conservator. These disclosures help the court understand what planning documents exist before deciding whether a court-appointed conservator is truly necessary.

The petition must also reveal whether the person holds a present vested interest in a trust. This information helps the court see the full financial picture. Existing estate planning tools may serve the person's needs without court intervention.

A. The person allegedly in need of protection, any person who is interested in that person's estate or affairs, including that person's parent, guardian or custodian, or any person who would be adversely affected by lack of effective management of that person's estate and affairs may petition for the appointment of a conservator or for any other appropriate protective order. B. The petition shall set forth, at a minimum and to the extent known, all of the following: 1. The interest of the petitioner. 2. The name, age, residence and address of the person allegedly in need of protection. 3. The name, address and priority for appointment of the person whose appointment is sought. 4. The name and address of the guardian, if any, of the person allegedly in need of protection. 5. The name and address of the nearest relative of the person allegedly in need of protection known to the petitioner. 6. A general statement of the estate of the person allegedly in need of protection with an estimate of its value, including any compensation, insurance, pension or allowance to which the person is entitled. 7. The reason why appointment of a conservator or any other protective order is necessary. 8. Whether the person allegedly in need of protection is the principal under a durable power of attorney, and, if so, a copy of that durable power of attorney must be attached to the petition. 9. Whether the person allegedly in need of protection is the principal under a health care power of attorney in which the person nominates a conservator, and, if so, a copy of that health care power of attorney must be attached to the petition. 10. Whether the person allegedly in need of protection has a present vested interest in a trust, and, if so, the name of the trust and the current trustee of the trust.
View on azleg.gov

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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