Tailoring a Conservator's Authority to the Situation
Not every conservatorship is the same. A protected person with a large, complex estate may need a conservator with broader authority. Someone with modest assets and a straightforward situation may need less. Arizona law allows the court to adjust the conservator's powers at the time of appointment or at any point afterward.
The court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on him by sections 14-5424 and 14-5425, any power which the court itself could exercise under section 14-5408, subsection A, paragraphs 2 and 3.
A.R.S. § 14-5426(A)When the court limits a conservator's powers, those limitations are endorsed on the letters of appointment. This is significant because under A.R.S. 14-5423, third parties who deal with the conservator are bound by any restrictions shown on the letters. A bank or title company reviewing the letters will see exactly what the conservator can and cannot do.
Community Property and the Non-Protected Spouse
This statute also addresses a situation that many families face: what happens to community property when one spouse needs a conservator. The court can decide whether the conservator manages the protected spouse's share of community property or whether the other spouse takes over management of the entire community estate.
Upon appointment of a conservator for a protected spouse, the court may determine whether the spouse's share of community property shall be managed by the conservator or by the other spouse.
A.R.S. § 14-5426(B)If the non-protected spouse is given management authority, that spouse can handle community personal property in the interests of the community during the conservatorship. This provision keeps household finances running without unnecessary court intervention, while still protecting the interests of the person under conservatorship.