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A.R.S. § 14-5430

Terminating a Conservatorship

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

A conservatorship does not last forever. When the protected person's disability or minority ends, the court ends it by order. Control of the estate's assets goes back to that person or their heirs.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Who Can Ask the Court to End a Conservatorship

The law does not lock anyone into a permanent setup. The protected person, the conservator, or any other interested party can ask the court to end it.

A guardian or conservator can also seek to end the case when things change. If the protected person asks, they get the same rights and steps that apply when a conservatorship first starts.

The protected person, the conservator or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order.

A.R.S. § 14-5430(A)

This is an important safeguard. It means the protected person can challenge whether the conservatorship is still needed. The court must look at whether the setup is still required.

What Happens When the Court Ends the Conservatorship

Once the court finds the minority or disability has ended, it must issue an order ending the conservatorship. Title to the estate's assets passes back to the formerly protected person, or to that person's heirs.

On termination, title to assets of the estate passes to the formerly protected person or to the person's successors. The order of termination shall provide for expenses of administration and shall direct the conservator to execute appropriate instruments to evidence the transfer.

A.R.S. § 14-5430(C)

The court order also covers final costs. It tells the conservator to sign any papers needed to transfer everything back.

This means families get a clear end point. The order documents the return of control to the person who was under conservatorship.

A. The protected person, the conservator or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. B. The court, on determining after notice and a hearing that the minority or disability of the protected person has ceased, shall terminate the conservatorship unless the court has continued the conservatorship or other protective order pursuant to section 14-5401, subsection B. C. On termination, title to assets of the estate passes to the formerly protected person or to the person's successors. The order of termination shall provide for expenses of administration and shall direct the conservator to execute appropriate instruments to evidence the transfer.

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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