What a Conservator Can Do Without Court Approval
A conservator steps into the financial shoes of someone who cannot manage their own affairs. Arizona law gives them a wide range of powers to keep the estate running smoothly. These include collecting assets, managing investments, operating a business, entering leases, paying taxes, and hiring professionals like attorneys or accountants.
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, from buying and selling real estate to voting securities, borrowing money, and settling claims. These powers mirror what a trustee can do under Arizona trust law. The goal is to let the conservator act efficiently without needing a court hearing for every routine decision.
When Court Approval Is Required
Not everything falls under the conservator's independent authority. Compromising a personal injury or wrongful death claim requires court approval. The court must determine that any settlement is in the protected person's best interest, and it can approve structured settlements or the creation of a trust to hold settlement proceeds.
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 navigating a conservatorship, understanding these powers matters. A conservator who acts within these boundaries is protected. One who exceeds them, or who acts unreasonably, may face personal liability. When questions arise about the scope of a conservator's authority, consulting with a partner attorney experienced in protective proceedings is a practical next step.