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.