How an Out-of-State Conservator Collects Arizona Assets
When a protected person lives in another state but has debts owed to them or property held in Arizona, the question arises: does the out-of-state conservator need to open a separate case in Arizona to collect? Under this statute, the answer is generally 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 present two things: proof of their appointment from the home state court and an affidavit confirming that no protective proceeding is pending in Arizona and that they are entitled to receive the payment or property.
Protection for the Person Making Payment
This statute also protects the person or institution making the payment. If the debtor or property holder is not aware of any protective proceeding pending in Arizona, paying or delivering in response to the conservator's demand and affidavit fully discharges their obligation. They will not face a claim later from an Arizona court for the same debt or property. This creates a straightforward path for resolving out-of-state matters without the cost and delay of opening a local case.