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A.R.S. § 14-5416

Petitions After Conservator Appointment

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

Once a conservator is in place, the process does not end. Any interested person can petition the court for added orders. These include requiring bonds, directing accountings, removing the conservator, or asking for other relief. The conservator can also ask the court for guidance.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

What Interested Parties Can Request

A conservatorship is not a set-and-forget arrangement. After a conservator is appointed, anyone with a real interest in the estate can return to court. The statute lists several types of relief.

Any person interested in the estate or affairs of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: 1. Requiring bond or security or additional bond or security, or reducing bond. 2. Requiring an accounting for the administration of the estate of the protected person. 3. Directing distribution. 4. Removing the conservator and appointing a temporary or successor conservator.

A.R.S. § 14-5416(A)(1-4)

This includes continuing the conservatorship or asking for other proper relief. These options give families real tools to hold the conservator accountable.

When the Conservator Needs Guidance

The statute also works in the other direction. A conservator unsure about their duties can ask the court for instructions. This means they get clear direction before acting.

After proper notice and a hearing, the court can issue any orders it finds fitting. A surety on the bond can also apply to end future liability. The court handles that release through a process like the one for personal representative bonds.

How Families Can Use This Process

Court oversight continues after the initial appointment. Families with concerns about how the conservator handles assets can petition for an accounting or other review.

The petition process also protects the conservator. Asking the court for instructions creates a record of responsible action. This can prevent disputes later.

A. Any person interested in the estate or affairs of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: 1. Requiring bond or security or additional bond or security, or reducing bond. 2. Requiring an accounting for the administration of the estate of the protected person. 3. Directing distribution. 4. Removing the conservator and appointing a temporary or successor conservator. 5. Continuing the conservatorship pursuant to section 14-5401, subsection B. 6. Granting other appropriate relief. B. A conservator may petition the appointing court for instructions concerning the fiduciary's responsibility. C. On notice and a hearing the court may give appropriate instructions or make any appropriate order. D. When a surety of a conservator desires to be released from responsibility for future acts, the surety may apply to the court for a release. The court shall proceed in the same manner as in a proceeding under section 14-3604, subsection B. Notice shall be given to the conservator as provided in section 14-5413.

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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