Who Must Receive Notice
Arizona requires that notice of a conservatorship hearing reach the people closest to the individual in need of protection. The statute identifies four categories of people who must be notified: 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.
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 currently serving as a guardian, conservator, or caretaker must also receive notice, along with anyone who has previously filed a demand for notice with the court.
How and When Notice Must Be Given
Timing matters. Notice must be served at least 14 days before the hearing. The protected person and their spouse and parents must receive personal service if they can be found within Arizona. For family members outside the state and all other parties, notice follows the general notice provisions under A.R.S. 14-1401.
One important detail: a waiver of notice by the protected person is not effective unless that person actually attends the hearing. This prevents situations where someone signs away their right to notice without fully understanding the consequences. The notice must also inform recipients of their right to a jury trial.
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 notice requirements with real consequences. Anyone who intentionally skips required notice or lies about not receiving it can be ordered to pay damages, including attorney fees and costs. This provision discourages attempts to push through a conservatorship without giving affected parties a fair opportunity to respond.
