Skip to main content
Skip to explanation
A.R.S. § 14-5414

Conservatorship Compensation and Expenses

Verified April 4, 202657th Legislature, 1st Regular Session

This statute allows conservators, attorneys, investigators, and other professionals in a protective proceeding to receive reasonable pay. It spells out who gets paid, when, and from whose funds. Payment rules depend on whether the petition is granted, denied, or withdrawn.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Who Gets Paid and From Where

Conservatorship cases involve many professionals. These include investigators, attorneys, physicians, psychologists, and the conservator. Each of them can receive reasonable pay for their work.

If the court grants the petition, the protected person's estate covers the cost. If the court denies the petition, the petitioner pays.

If not otherwise compensated for services rendered, any investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed in a protective proceeding, including a lawyer of the person alleged to be in need of protection pursuant to section 14-5407, subsection B, is entitled to reasonable compensation from the estate of the protected person if the petition is granted or from the petitioner if the petition is denied.

A.R.S. § 14-5414(A)

When a petition is withdrawn or dropped, the court decides who pays. It can order costs from the estate or from the petitioner based on the facts.

Special Rules for Veterans' Conservatorships

The statute sets specific caps for the Department of Veterans' Services acting as conservator. Pay cannot exceed five percent of the money received during the period.

No fee is allowed on funds from a prior conservator or from selling existing holdings. The U.S. Department of Veterans Affairs must also get notice of any hearing on the account.

These pay rules matter for families. Costs come from the protected person's estate. Knowing the limits helps families plan and ask the right questions.

A. If not otherwise compensated for services rendered, any investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed in a protective proceeding, including a lawyer of the person alleged to be in need of protection pursuant to section 14-5407, subsection B, is entitled to reasonable compensation from the estate of the protected person if the petition is granted or from the petitioner if the petition is denied. B. If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner's failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed pursuant to this article, including a lawyer of the person alleged to be in need of protection pursuant to section 14-5407, subsection B, be paid either from the protected person's estate or by the petitioner, depending on the facts and circumstances. In making these determinations, the court may consider any evidence it deems appropriate. C. A lawyer who is employed by the conservator to represent the conservator in the conservator's appointment or duties as conservator is entitled to reasonable compensation from the estate if the petition is granted. If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner's failure to prosecute, the court may order that the compensation of the proposed conservator's lawyer be paid either from the protected person's estate or by the petitioner, depending on the facts and circumstances. In determining which party shall pay, the court may consider any evidence it deems appropriate. D. A lawyer who is employed by the petitioner to represent the petitioner in seeking the appointment of a conservator is entitled to reasonable compensation from the protected person's estate if the petition...

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.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570