How do I start a conservatorship in Arizona?

To start the process, in order for a guardian and/or conservator to be appointed for an adult in Arizona, someone interested in the person's welfare must, among other things, file a petition with the court in the county where the adult resides, is present or owns property.

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Arizona
Conservatorship Questionnaire

Arizona Conservatorship Questionnaire

Category:

Family Law - Conservatorships

State:

Multi-State

Control #:

US-Q1007

Format:

Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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How to fill out Conservatorship Questionnaire?

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For Maricopa County Effective April 24, 2023 Probate, Conservatorship, Guardianship & Fiduciary FeesProbate - Guardianship / Conservatorship$279.00Probate - Other$279.00Probate - Answer$204.00Post-judgment activities in probate cases$89.0013 more rows

While they both concern the legal authority to care for a minor or an incapacitated adult, there's actually an important distinction between the two. Guardians are appointed to make important health and welfare decisions, and conservators are appointed to handle someone's assets and financial affairs.

Creating a conservatorship requires filing a petition with the Superior Court Probate Division, describing the need to protect an individual and stating the assets that may be involved.

To start the process, in order for a guardian and/or conservator to be appointed for an adult in Arizona, someone interested in the person's welfare must, among other things, file a petition with the court in the county where the adult resides, is present or owns property.

A guardian is someone who has the legal authority to care for another, and a conservator is someone who manages another's financial affairs.

Court appointment of a guardian for an alleged incapacitated person is more involved than appointment in the case of a minor . A formal hearing must be started by completing a Petition for Appointment of Guardianship of an Adult. Then filing it with a Court for either a limited or general guardianship.

A proof of authority is a document that provides evidence of an individual's right to act on behalf of a property owner in Arizona. This could include signing legal documents, making decisions about the property, or managing the property's assets.

In the above described situations, and in other situations where an emergency exists, it is possible to get the case before a superior court judge within 24-48 hours. The judge will hear the evidence and decide whether there are adequate grounds to grant a temporary guardianship or conservatorship.