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A.R.S. § 14-5409

Protective Arrangements Without a Conservator

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

Courts can authorize specific financial transactions or protective arrangements without appointing a full conservator. For example, the court can approve selling property or creating a trust. This keeps court involvement limited.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

When a Full Conservatorship Is Not Needed

Not every situation calls for ongoing court supervision. Sometimes, a person needs help with just one financial decision. They may not need a conservator managing their entire estate.

If it is established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of the protected person.

A.R.S. § 14-5409(A)

The court can approve a wide range of one-time or limited actions. These include selling or leasing property, creating trusts, or purchasing annuities. The transaction must meet the foreseeable needs of the protected person.

This approach can address living arrangements and other needs. It avoids the need for a full conservatorship or ongoing court hearings.

Court Oversight and Special Conservators

Before approving any arrangement, the court must weigh the interests of creditors and dependents. A family member or other interested person may raise concerns.

The court also considers whether the person's condition requires ongoing protection. If so, a full conservatorship may be more fitting than a limited order.

If the approved transaction needs someone to carry it out, the court can appoint a special conservator. This person has authority only for the specific task in the court order.

The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.

A.R.S. § 14-5409(C)

Once the task is complete, the court discharges the special conservator. This approach favors the least restrictive option.

When a targeted solution meets the need, the court does not impose broader authority. This avoids a full conservatorship when a simpler solution exists.

A. If it is established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include, but are not limited to, payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust. B. When it has been established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any contract, trust or other transaction relating to the protected person's financial affairs or involving the protected person's estate if the court determines that the transaction is in the best interests of the protected person. C. Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the protected person's disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
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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