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A.R.S. § 14-5425

Conservator Fund Distribution for Care

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

A conservator can spend estate funds on the protected person's support, education, and care without court approval each time. The conservator must weigh the estate's size, how long the case may last, and the person's way of life.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Spending That Does Not Need a Court Hearing

One of the biggest duties a conservator carries is deciding how to spend money for the protected person. The conservator must weigh the estate's size, the person's way of life, and any other resources available for support.

The conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the protected person and the person's dependents with due regard to the size of the estate, the probable duration of the conservatorship and the likelihood that the protected person, at some future time, may be fully able to be wholly self-sufficient.

A.R.S. § 14-5425(A)(2)

If a parent or guardian has made care or schooling suggestions, the conservator should take them into account. The conservator is usually shielded for following those tips. The exception is if the parent or guardian personally gains from the spending.

The conservator must also think about whether the protected person may one day be fully self-reliant. If resources allow future freedom, the conservator should plan spending to keep that door open.

What Happens When the Conservatorship Ends

When a minor without a disability reaches adulthood, the conservator wraps up. They pay any remaining claims and expenses, then hand over everything to the former protected person.

If a protected person dies, the conservator may deliver to the court for safekeeping any will of the deceased protected person that may have come into the conservator's possession or deliver the will to the personal representative named in the will.

A.R.S. § 14-5425(D)

If a protected person passes away, the conservator must safeguard any will. They also notify the personal representative and hold estate assets until someone is named to manage the estate.

For families, these spending choices shape daily life. They cover housing, medical care, schooling, and basic needs. Knowing these rules helps family members hold the conservator to account.

If no personal representative steps forward within 40 days after a death, the conservator may apply for that role. This shift from conservatorship to estate work is complex. Working with an attorney helps ensure nothing slips through.

A. A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care or benefit of the protected person and the person's dependents in accordance with the following principles: 1. The conservator shall consider recommendations relating to the appropriate standard of support, education and benefit for the protected person made by a parent or guardian, if any. 2. The conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the protected person and the person's dependents with due regard to: (a) The size of the estate, the probable duration of the conservatorship and the likelihood that the protected person, at some future time, may be fully able to be wholly self-sufficient. (b) The accustomed standard of living of the protected person and the person's dependents. (c) Other funds or sources used for the support of the protected person. 3-7. [Additional provisions for minors, dependents, reimbursement, and implementation of section 14-5408 principles.] B. When a minor who has not been adjudged to have a disability attains majority, the conservator shall pay over and distribute all funds and properties to the former protected person as soon as possible. D. If a protected person dies, the conservator may deliver to the court for safekeeping any will of the deceased protected person or deliver the will to the personal representative named in the will. E-G. [Provisions for probate application, burial arrangements, and estate liability for conservator expenses.]

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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