Conservatorship Attorneys in Flagstaff, Arizona

Conservatorship conversations typically arise when a person becomes incapacitated due to age, illness, or disability. If you're considering making arrangements, our conservatorship attorneys in Flagstaff, Arizona, are here to help you understand your rights and options.

The 928 Law Firm works with families and individuals who are considering a conservatorship for a loved one. Contact our firm today for more information and skilled legal counsel.

What Is a Conservatorship?

A conservatorship is a legal relationship in which a court appoints an individual, known as the conservator, to handle the affairs of someone who is unable to manage their own personal, financial, or healthcare decisions. 

This may occur when a person has become mentally incapacitated, is suffering from a disability, or has developed a condition such as dementia that makes it difficult for them to make informed decisions about their well-being.

In Arizona, a conservatorship can be established over an individual’s estate. This legal process is governed by specific rules and procedures designed to protect the rights of the individual in need of assistance, as well as to confirm that the conservator acts in the best interests of the person under their care.

The Process of Establishing a Conservatorship

The process of establishing a conservatorship in Arizona begins with filing a petition with the court. This petition must detail the need for a conservatorship and demonstrate that the individual in question is unable to care for themselves or manage their finances. 

The person seeking to be appointed as the conservator must also be identified in the petition.

Once the petition is filed, the court will schedule a hearing. At this hearing, the judge will review the petition and any supporting evidence that has been provided. This may include:

• Medical records

• Expert opinions

• Testimony from individuals familiar with the person's condition

In some cases, the court may appoint a court investigator, an independent individual tasked with investigating the situation and providing a report to the court.

The individual in question also has the right to object to the conservatorship if they feel they are capable of managing their own affairs. If the court finds that the individual is incapacitated and unable to make decisions on their own, it will appoint a conservator. The conservator is then granted authority over the person’s financial matters.

Conservatorships in Arizona

Conservatorships, as opposed to guardianships, are more focused on the financial management of the individual’s assets. The conservator of the estate is tasked with handling the individual’s income, bills, investments, and any other financial matters. 

This includes:

• Managing properties

• Making decisions regarding the sale of assets

• Paying outstanding debts

When a conservatorship is established, the court will specify the duties and responsibilities of the conservator based on the individual’s needs. This helps prevent overreach and confirms that the conservator’s actions are aligned with the best interests of the person they are caring for.

Duties and Responsibilities of a Conservator

Once a conservatorship is established in Arizona, the conservator assumes significant responsibilities in managing the financial affairs of the individual. The court will set forth the guidelines for the conservator’s role, and it’s crucial for the conservator to act within these parameters.

The conservator’s responsibilities focus on managing the financial aspects of the individual’s life. This can include:

• Paying bills

• Managing bank accounts,

• Overseeing investments

• Making sure the person’s assets are protected

The conservator is also obligated to maintain detailed records of financial transactions, report to the court regularly on the status of the estate, and may need to seek approval from the court for major financial decisions, such as selling property or making large investments.

Responsibilities of the Court in a Conservatorship

The court plays a significant role in overseeing conservatorships in Arizona. From the initial filing of the petition to the ongoing oversight of the conservator’s actions, the court is responsible for confirming that the conservatorship is serving the best interests of the individual. 

The court will appoint the conservator and, in some cases, will monitor the conservator’s actions through regular reports.

If a conservator fails to meet their obligations or acts inappropriately, the court can intervene. This may involve removing the conservator, modifying the terms of the conservatorship, or appointing a new conservator. 

The court also has the power to terminate a conservatorship if the individual regains capacity or if the conservatorship is no longer necessary.

The court will also hear objections from the person under conservatorship or from other interested parties, such as family members, if there are concerns about the conservator’s actions or the need for a conservatorship in the first place. 

In these cases, the court may review the situation and determine whether the conservatorship should continue or if modifications are needed.

Ending or Modifying a Conservatorship

Conservatorships aren’t permanent in all cases. If the individual under conservatorship regains their ability to manage their financial affairs, the conservatorship can be terminated. This often happens when the individual’s health improves or when they can demonstrate that they are capable of making decisions independently.

Modifying a conservatorship requires filing a petition with the court, and the court will evaluate whether the modification is in the best interests of the individual.

Termination or modification of a conservatorship can be requested by the conservator, the individual under conservatorship, or other interested parties, such as family members or close friends. The court will assess the situation and determine whether the conservatorship should be continued, altered, or ended.

Conservatorships for Minors

Although conservatorship is often associated with elderly individuals or those with disabilities, it can also apply to minors in certain circumstances. If a minor inherits assets or comes into possession of a significant amount of money, a conservator may be appointed to manage those assets until the minor reaches the age of majority.

In these cases, the conservator is responsible for managing the minor’s financial interests and may also be involved in decisions related to the minor’s education or other major life choices. 

The conservatorship of a minor’s estate is generally more limited in scope, as the minor is still a child and doesn’t have the capacity to make all decisions for themselves.

Conservatorship for minors are typically established when the child’s parents are unable or unwilling to manage the child’s assets. The court will determine whether a conservatorship is necessary and will appoint a conservator based on the best interests of the minor