When a Conservator Can Be Replaced
The protected person, any interested party, or the court itself can request a change. The standard is straightforward: the court will substitute a conservator if doing so serves the protected person's best interest. The court does not need to find wrongdoing. Sometimes a change is simply the right call for practical reasons.
On petition of the protected person or any person interested in the protected person's welfare, or on the court's own initiative, the court shall substitute a conservator and appoint a successor if the substitution is in the best interest of the protected person. The court does not need to find that the conservator acted inappropriately to find that the substitution is in the protected person's best interest.
A.R.S. § 14-5415(A)If the protected person is at least fourteen years old and has sufficient mental capacity, the court may appoint someone they nominate as the successor conservator. The current conservator can also petition the court to accept their resignation.
Protections Against Interference
The protected person has the right to petition the court at any time. They can ask to end the conservatorship or to request a different conservator. This can even be done through an informal letter to the court. Anyone who knowingly interferes with sending such a request may be held in contempt of court.
A person who knowingly interferes with the transmission of this request may be found in contempt of court.
A.R.S. § 14-5415(B)There are timing restrictions for other interested parties. Generally, they cannot petition for a change within the first year. They can file earlier only if they show through sworn statements that the current conservator poses a risk to the estate. Before approving any change, the court may require a full accounting and take steps to protect the estate's assets during the transition.