How an Out-of-State Conservator Collects Assets
Sometimes a protected person lives in another state but has debts owed to them or property held here. Does the out-of-state conservator need to open a local case to collect? Under this statute, the answer is usually no.
Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating both: 1. That no protective proceeding relating to the protected person is pending in this state. 2. That the foreign conservator is entitled to payment or to receive delivery.
A.R.S. § 14-5431The out-of-state conservator must show two things. First, proof of their role from the home state court. Second, a sworn statement (affidavit).
The affidavit must confirm two facts. No local case about the protected person is pending. And the conservator has the right to receive the payment or property.
Protection for the Person Making Payment
This statute also protects the person or company making the payment. If they are not aware of any local case, paying based on the conservator's proof and affidavit fully clears their debt.
As a result, they will not face a later claim for the same debt or property. For cases that cross state lines, this rule creates a simple path. The conservator can collect debts and property without the cost and delay of a local court case.