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A.R.S. § 14-5424

Conservator Powers Over a Protected Estate

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

A court-appointed conservator has broad authority to manage a protected person's money and property. The conservator can invest, buy, sell, lease, and handle most estate deals. Court approval is not needed for each routine step, as long as the conservator acts in a fair way.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

What a Conservator Can Do Without Court Approval

A court-appointed conservator steps into the financial shoes of someone who cannot manage their own affairs. The role is broad. It covers collecting assets, managing investments, running a business, entering leases, paying taxes, and hiring professionals.

A conservator, acting reasonably in efforts to accomplish the purpose of the appointment, may act without court authorization or confirmation to: collect, hold and retain assets of the estate including land in another state, until, in the conservator's judgment, disposition of the assets should be made.

A.R.S. § 14-5424(C)(1)

The statute lists 25 specific powers. These range from buying and selling real estate to voting securities and borrowing money. For a minor child under conservatorship, the conservator may also take on guardian-like duties.

The goal is to let the conservator act quickly without a court hearing for every routine step. High-profile cases have brought public attention to how these powers work. The conservator manages money and, in some cases, daily needs like food, clothing, and housing.

When Court Approval Is Required

Not everything falls under the conservator's own authority. Settling a personal injury or wrongful death claim requires court approval. The court must decide the settlement is in the protected person's best interest.

A conservator may act with court approval to compromise a personal injury or wrongful death claim for a protected person.

A.R.S. § 14-5424(D)

For families going through a conservatorship, knowing these powers matters. A conservator who stays within the lines is protected. One who goes beyond them, or acts in an unfair way, may face personal liability.

A. Subject to the limitations provided in section 14-5425, a conservator has all the powers conferred herein and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor, as to whom no one has parental rights, has the duties and powers of a guardian of a minor described in section 14-5209 until the minor attains the age of majority or marries, but the parental rights so conferred on a conservator do not preclude appointment of a guardian as provided by article 2 of this chapter. B. A conservator, without court authorization or confirmation, may invest and reinvest funds of the estate as would a trustee. C. A conservator, acting reasonably in efforts to accomplish the purpose of the appointment, may act without court authorization or confirmation to: 1. Collect, hold and retain assets of the estate. 2. Receive additions to the estate. 3. Continue or participate in the operation of any business or other enterprise. 4-25. [Additional enumerated powers including investing, depositing, acquiring/disposing assets, making repairs, subdividing land, entering leases, voting securities, paying assessments, insuring assets, borrowing money, paying/contesting claims, paying taxes, allocating income/principal, making distributions, employing professionals, prosecuting/defending actions, and executing instruments.] D. A conservator may act with court approval to compromise a personal injury or wrongful death claim for a protected person.

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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