Arizona Laws 14-5410. Who may be appointed conservator; priorities
A. The court may appoint an individual or a corporation, with general power to serve as trustee, as conservator of the estate of a protected person subject to the requirements of section 14-5106. The following are entitled to consideration for appointment in the order listed:
Terms Used In Arizona Laws 14-5410
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Child: includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. See Arizona Laws 14-1201
- Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Arizona Laws 14-1201
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court: means the superior court. See Arizona Laws 14-1201
- Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Arizona Laws 14-1201
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: includes a personal representative, guardian, conservator and trustee. See Arizona Laws 14-1201
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means a person who is under eighteen years of age. See Arizona Laws 14-1201
- Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent. See Arizona Laws 14-1201
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Petition: means a written request to the court for an order after notice. See Arizona Laws 14-1201
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes both real and personal property. See Arizona Laws 1-215
- Protected person: means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. See Arizona Laws 14-5101
- Writing: includes printing. See Arizona Laws 1-215
1. A conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides.
2. An individual or corporation nominated by the protected person if the protected person is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.
3. The person nominated to serve as conservator in the protected person’s most recent durable power of attorney.
4. The spouse of the protected person.
5. An adult child of the protected person.
6. A parent of the protected person, or a person nominated by the will of a deceased parent.
7. Any relative of the protected person with whom the protected person has resided for more than six months before the filing of the petition.
8. The nominee of a person who is caring for or paying benefits to the protected person.
9. If the protected person is a veteran, the spouse of a veteran or the minor child of a veteran, the department of veterans’ services.
10. A fiduciary who is licensed pursuant to section 14-5651, other than a public fiduciary.
11. A public fiduciary who is licensed pursuant to section 14-5651.
B. A person listed in subsection A, paragraph 4, 5, 6, 7 or 8 of this section may nominate in writing a person to serve in that person’s place. With respect to persons having equal priority, the court shall select the one it determines is best qualified to serve. The court, for good cause, may pass over a person having priority and appoint a person having a lower priority or no priority. For the purposes of this subsection, "good cause" includes a determination that:
1. The protected person’s durable power of attorney is invalid.
2. Honoring the protected person’s durable power of attorney would not be in the physical, emotional or financial best interest of the protected person.
3. The estimated cost of the fiduciary and associated professional fees would adversely affect the ability of the person’s estate to provide for the protected person’s reasonable and necessary living expenses.
C. On the request of a person who was passed over by the court pursuant to subsection B of this section, the court shall make a specific finding regarding the court’s determination of good cause and why the person was not appointed. The request must be made within ten days after the entry of the order.