When Court Supervision Meets an Existing POA
Sometimes a court steps in even when a durable power of attorney is already in place. A family member may petition for a conservatorship because they believe the agent is not acting in the principal's best interest, or because a situation requires court oversight that the power of attorney alone cannot provide.
If, following execution of a durable power of attorney, a court of the principal's domicile appoints any conservator or other fiduciary charged with the management of all of the principal's property or all of the principal's property except for specified exclusions, the agent is accountable to the court appointed fiduciary as well as to the principal. The court appointed fiduciary has the same power to revoke or amend the power of attorney that the principal would have if the principal were not a person with a disability or incapacitated.
A.R.S. § 14-5503(A)This creates a clear chain of authority. The agent does not automatically lose their role, but they now answer to the court-appointed fiduciary. And that fiduciary can revoke or change the power of attorney entirely if the situation warrants it.
Nominating Your Own Conservator or Guardian
Arizona law also allows you to name the person you want to serve as your conservator or guardian, directly in your durable power of attorney. If protective proceedings are ever filed, the court will consider your nomination.
A principal may nominate, by a durable power of attorney, the conservator or the guardian of the principal for consideration by the court if protective proceedings for the principal or estate are commenced.
A.R.S. § 14-5503(B)This nomination does not guarantee the court will follow your preference, but it carries significant weight. Naming your preferred conservator or guardian in advance gives you a voice in the process, even if you are no longer able to speak for yourself.
