A conservator manages the property and makes financial decisions for an incapacitated adult, or for a minor.
Minor children under the age of eighteen (18) may need a conservator appointed for them to manage their financial assets when they inherit real or personal property, receive life insurance proceeds or other non-probate transfer of assets, or receive a settlement in a personal injury or wrongful death action. A conservator for a minor child must be bonded and provide the court with an annual accounting on court-approved forms.
Adults can be unable to manage their own estate and affairs effectively for reasons such as mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance. Such individuals may require the protection of a conservator who manages their property and financial resources for the protected person’s benefit. A conservator for an adult must be bonded and provide the court with an annual accounting on court-approved forms.
A Petition for Conservatorship is filed by the proposed conservator with the court, along with various affidavits. In the case of an adult, the court appoints an attorney for the proposed protected person, a physician to give a report to the court about the proposed protected person, and an investigator to also make a report to the court. If the reports recommend a conservatorship, it is likely that the conservatorship will be ordered by the court.
Bank accounts for the protected person, or ward, can be ordered to be either restricted or unrestricted by the court. If the ward owns real property, permissions must be obtained by the court in order to sell or transfer the real property. I help clients navigate through the often confusing and overwhelming requirements of the court in these situations.
Arizona law requires that conservators file an annual accounting with the court. Some documents are required to be filed in Confidential Envelopes. I am experienced in assisting clients with the rather complex annual submittals required by the courts and in working with the probate registrar with any difficult situations. I also assist clients in obtaining any required bonds and filing them with the court.
If you have a loved one who requires a conservatorship with the court, I am not only experienced but enjoy helping clients who are anxious on how best to provide assistance to their loved one.