Spending Decisions That Do Not Require a Court Hearing
One of the most important responsibilities a conservator carries is deciding how to spend the protected person's money. Arizona law allows the conservator to make these decisions independently, but within a clear framework. The conservator must weigh the estate's size, the protected person's accustomed standard of living, and any other resources available for their 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 recommendations about the protected person's care or education, the conservator should consider them. The conservator is generally protected from surcharge for following those recommendations, unless the parent or guardian is personally benefiting from the spending.
What Happens When the Conservatorship Ends
When a minor who has not been found to have a disability reaches the age of majority, the conservator wraps up the administration, pays any remaining claims and expenses, and turns over everything to the former protected person. If a protected person passes away, the conservator has specific duties: safeguarding any will, notifying the personal representative, and retaining estate assets until a personal representative is appointed or the conservator applies to serve in that role.
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)The conservator may even apply to act as personal representative if no one else steps forward within 40 days. This transition from conservatorship to estate administration is one of the more complex moments in protective proceedings, and working with a partner attorney can help ensure nothing falls through the cracks.