Who Must Receive Notice
Arizona requires notice of a conservatorship hearing to reach those closest to the person in need of protection. The law lists four groups: the protected person (if 14 or older), the spouse, parents, and adult children.
If none of those family members can be located, at least one adult relative must be found and notified. Anyone serving as a guardian, conservator, or caretaker must also receive notice.
In a proceeding for the appointment or substitution of a conservator of a protected person or person allegedly in need of protection, other than the appointment of a temporary conservator or temporary suspension of a conservator, notice of the hearing shall be given to each of the following: 1. The protected person or the person allegedly in need of protection if that person is fourteen years of age or older. 2. The spouse, parents and adult children of the protected person or person allegedly in need of protection.
A.R.S. § 14-5405(A)Anyone who has filed a demand for notice with the court must also be notified.
How and When Notice Must Be Given
Notice must be served at least 14 days before the hearing. The protected person, their spouse, and parents must receive personal service if they can be found in Arizona.
For family members outside the state, notice follows A.R.S. 14-1401. The notice must also inform recipients of their right to a jury trial.
A waiver of notice by the protected person only works if that person attends the hearing. This prevents someone from signing away their rights without understanding the results.
The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct.
A.R.S. § 14-5405(D)Arizona backs up these rules with real consequences. Anyone who skips required notice or lies about not receiving it can be ordered to pay damages. As a result, affected parties get a fair chance to respond.