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A.R.S. § 14-5432

Foreign Conservator Powers Over Local Property

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

When no local conservator exists and no case is pending, an out-of-state conservator can file proof of their role with a local court. After filing, they hold the same powers as a local conservator over property in this state.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Filing for Authority Over Local Property

Families dealing with conservatorship across state lines face a real challenge. How does the conservator from the home state manage property here? This statute gives a clear answer.

If no local conservator has been named and no case is pending, the out-of-state conservator can file certified copies of their papers with a court in the county where the property sits.

If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the protected person is located certified copies of his appointment and of any official bond he has given.

A.R.S. § 14-5432

Once the filing is done, the out-of-state conservator gains the same authority as a local one. They can manage, sell, or lease real estate and other assets. They can also bring or defend lawsuits in local courts.

Practical Limits to Keep in Mind

This authority only applies when there is no competing local case. If someone has already filed for a protective order locally, the out-of-state conservator cannot just step in.

For families with property in more than one state, this rule can save time and money. It avoids a second full court case. A bank holding local accounts can work with the out-of-state conservator once the certified copies are on file.

If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the protected person is located certified copies of his appointment and of any official bond he has given. Thereafter, he may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon non-resident parties generally.

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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