The Court Process for Appointing a Conservator
A conservatorship does not happen on its own. The court must follow a set process before appointing a conservator to manage another person's finances.
The procedure depends on whether the petition involves a minor. It also depends on whether the person has 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. The court also appoints an investigator when the alleged disability involves mental illness or chronic drug use.
The investigator interviews the proposed ward. Both the investigator and any medical examiner must submit written reports before the hearing. These reports are essential to the court's decision.
Rights of the Person at the Hearing
The law protects the rights of the person whose finances the court may control. That person can attend the hearing and have counsel present.
They may present their own evidence and cross-examine any witnesses. This includes 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 person or their attorney can ask to close the hearing to the public. The court must read the notice of right to a trial by jury into the record.
The court can only proceed after making specific findings. For example, it must confirm a basis exists before appointing a conservator or issuing a protective order.