When Court Supervision Meets an Existing POA
Sometimes a court steps in even when a durable power of attorney (POA) is in place. A family member may ask for a conservatorship if the attorney in fact is not meeting their duties.
There may also be a concern about a conflict of interest. A breach of fiduciary duty can trigger court oversight as well.
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 the authority granted under the POA.
However, the agent now answers to the court-appointed fiduciary. That fiduciary can revoke or change the power of attorney if needed.
Nominating Your Own Conservator or Guardian
You can name your preferred conservator or guardian in your durable power of attorney. If protective proceedings are ever filed, the court will consider your choice in good faith.
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. However, it carries major weight. Naming your preferred conservator or guardian in advance gives you a voice in the process.
For families, this statute shows why choosing the right agent matters from the start. If the agent acts in good faith and meets their duties, court involvement may never be needed.
But if problems arise, the court has clear authority to step in. As a result, the principal's interests stay protected.
Knowing how a court-appointed fiduciary relates to a POA agent helps families plan ahead. It also shows why keeping detailed records matters.
Those records can prove the agent acted responsibly. They also show the agent avoided any conflict of interest.