The Court Process for Appointing a Conservator
A conservatorship does not happen automatically. Arizona law requires a structured hearing process before a court can appoint someone to manage another person's finances. The specific procedure depends on whether the petition involves a minor or an adult with an alleged disability.
On the filing of a petition for appointment of a conservator or any other protective order for reasons other than minority, the court shall set a hearing date. Unless the person to be protected has counsel of that person's own choice, the court shall appoint an attorney to represent that person.
A.R.S. § 14-5407(B)For adults, the court must appoint an attorney if the person does not already have one. When the alleged disability involves mental illness, mental deficiency, physical illness, chronic drug use, or chronic intoxication, the court also appoints an investigator to interview the person. The investigator and any medical or psychological examiner must submit written reports before the hearing.
Rights of the Person at the Hearing
Arizona law protects the rights of the person whose finances may be placed under court control. That person is entitled to attend the hearing, be represented by counsel, present their own evidence, and cross-examine any witnesses, including court-appointed examiners and investigators.
The person allegedly in need of protection is entitled to be present at the hearing, to be represented by counsel, to present evidence and to cross-examine witnesses, including any court appointed examiner and investigator.
A.R.S. § 14-5407(D)The hearing can be closed to the public if the person or their attorney requests it. At the initial hearing, the court must also read the notice of right to a trial by jury into the record. Only after making specific findings that a basis for the appointment exists can the court proceed with appointing a conservator or issuing another protective order.
