The Priority Order for Appointment
When the court appoints a conservator, it does not simply pick whoever filed the petition. Arizona law sets a specific order of priority, starting with the people most likely to know and respect the protected person's wishes.
The following are entitled to consideration for appointment in the order listed: 1. A conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides. 2. An individual or corporation nominated by the protected person if the protected person is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice. 3. The person nominated to serve as conservator in the protected person's most recent durable power of attorney.
A.R.S. § 14-5410(A)(1)-(3)After those top three priorities, the list continues with the spouse, adult children, parents (or someone nominated in a deceased parent's will), relatives who have lived with the protected person for at least six months, and nominees of anyone providing care or benefits. Veterans have additional options through the Department of Veterans' Services. Licensed fiduciaries and public fiduciaries round out the list.
When the Court Passes Over a Higher-Priority Person
The priority list is not absolute. The court can skip someone with higher priority for good cause. Arizona law specifically defines good cause to include situations where the durable power of attorney is invalid, where honoring it would not serve the protected person's best interests, or where the estimated cost of the fiduciary's fees would strain the estate's ability to cover the person's living expenses.
Anyone who is passed over can request that the court explain its reasoning. That request must be made within ten days after the order is entered. Among people with equal priority, the court selects whoever it determines is best qualified to serve.
The court, for good cause, may pass over a person having priority and appoint a person having a lower priority or no priority.
A.R.S. § 14-5410(B)This is one reason a durable power of attorney matters so much. By naming your preferred agent in that document, you move that person to a high position on the priority list, giving the court clear guidance about your wishes.
