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2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5407 - Procedure concerning hearing and order on original petition

14-5407.
Procedure concerning hearing and order on original petition
A. On the filing of a petition for appointment of a conservator or any other protective order because of minority,  the court shall set a hearing date on the matters alleged in the petition. If,  at any time in the proceeding,  the court determines that the interests of the minor are or may be inadequately represented,  it shall appoint an attorney to represent the minor. If the minor is at least fourteen years of age the court shall consider the choice of the minor.
B. On the filing of a petition for appointment of a conservator or any other protective order for reasons other than minority,  or on the filing of a petition for continuation of a conservatorship or other protective order pursuant to section 14-5401,  subsection B,  the court shall set a hearing date. Unless the person to be protected has counsel of that person's own choice,  the court shall appoint an attorney to represent that person. If the alleged disability is mental illness,  mental deficiency,  mental disorder,  physical illness or disability,  chronic use of drugs,  or chronic intoxication,  the court shall appoint an investigator to interview the person to be protected. On petition by an interested person or on the court's own motion,  the court may direct that an appropriate medical or psychological evaluation of the person be conducted. The investigator and the person conducting the medical or psychological evaluation shall submit written reports to the court before the hearing date.
C. In any case where the United States department of veterans affairs is or may be an interested party,  a certificate of an authorized official of the United States department of veterans affairs that the person allegedly in need of protection has been found incapable of handling the benefits payable,  on examination in accordance with the laws and regulations governing the United States department of veterans affairs,  is prima facie evidence of the necessity for appointment of a conservator.
D. The person allegedly in need of protection is entitled to be present at the hearing,  to be represented by counsel,  to present evidence and to cross-examine witnesses,  including any court appointed examiner and investigator. The issue may be determined at a closed hearing if the person allegedly in need of protection or that person's counsel so requests.
E. At the initial hearing on the petition,  the court shall read into the record the notice of right to a trial by jury as stated in the notice of hearing.
F. After the hearing,  and after making specific findings on the record that a basis for the appointment of a conservator or any other protective order has been established,  the court shall make an appointment or other appropriate protective order.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5408 - Permissible court orders

14-5408.
Permissible court orders
A. The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons:
1. While a petition for appointment of a conservator or any other protective order is pending and after a preliminary hearing and without notice to others,  the court has power to preserve and apply the estate of the person allegedly in need of protection as may be required for that person s benefit or the benefit of that person s dependents.
2. After a hearing and upon determining that a basis for an appointment or any other protective order exists with respect to a minor without other disability,  the court has all those powers over the estate and affairs of the minor which are or might be necessary for the best interests of the minor,  the minor s family and members of the minor s household.
3. After a hearing and upon determining that a basis for an appointment or any other protective order exists with respect to a person for reasons other than minority,  the court has,  for the benefit of the protected person and members of that person s household,  all the powers over his estate and affairs which the protected person could exercise if present and not under disability,  except the power to make a will or to make gifts other than those authorized by this section.
4. After notice and a hearing the court may authorize the conservator to make gifts on behalf of the protected person out of the estate of the protected person to donees and in amounts that are consistent with the protected person s best interests and intentions. In determining if these gifts are in the protected person s best interests the court shall consider:
(a) The protected person s estate plan,  if any.
(b) The protected person s pattern of prior gifts,  if any.
(c) The potential tax savings that would result if a gift were authorized.
(d) The size of the estate.
(e) The protected person s income and expenses.
(f) The physical and mental condition and life expectancy of the protected person.
(g) The likelihood that the protected person s disability may cease.
(h) The likelihood that the protected person would make the gift if the person were able to consent.
(i) The ability of the protected person to consent to the proposed gifts.
B. An order made pursuant to this section determining that a basis for appointment of a conservator or other protective order exists has no effect on the capacity of the protected person.
C. To encourage the self-reliance and independence of a protected person,  the court may grant the protected person the ability to handle part of the protected person s money or other property without the consent or supervision of the conservator. This may include allowing the protected person to maintain appropriate accounts in any bank or other financial institution.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5409 - Protective arrangements and single transactions authorized

14-5409.
Protective arrangements and single transactions authorized
A. If it is established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs of a person the court,  without appointing a conservator,  may authorize,  direct or ratify any transaction necessary or desirable to achieve any security,  service or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include,  but are not limited to,  payment,  delivery,  deposit or retention of funds or property,  sale,  mortgage,  lease or other transfer of property,  entry into an annuity contract,  a contract for life care,  a deposit contract,  a contract for training and education,  or addition to or establishment of a suitable trust.
B. When it has been established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs of a person the court,  without appointing a conservator,  may authorize,  direct or ratify any contract,  trust or other transaction relating to the protected person's financial affairs or involving the protected person's estate if the court determines that the transaction is in the best interests of the protected person.
C. Before approving a protective arrangement or other transaction under this section,  the court shall consider the interests of creditors and dependents of the protected person and,  in view of the protected person's disability,  whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5410 - Who may be appointed conservator; priorities

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:
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.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5411 - Bond; exception

14-5411.
Bond;  exception
A. Except as otherwise provided in subsection B of this section,  the court shall require a conservator to furnish a bond conditioned on faithful discharge of all duties according to law,  with sureties as it shall specify. Unless otherwise directed,  the bond shall be in the amount of the aggregate capital value of the property of the estate in the conservator's control plus one year's estimated income minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land that the fiduciary,  by express limitation of power,  lacks power to sell or convey without court authorization. For good cause shown the court may reduce or eliminate the bond to the extent of regular fixed expenses paid for the benefit of the protected person. The court in lieu of sureties on a bond may accept other security for the performance of the bond,  including a pledge of securities or a mortgage of land.
B. A bond is not required of a conservator that is a national banking association,  a holder of a banking permit under the laws of this state,  a savings and loan association authorized to conduct trust business in this state,  a title insurance company qualified to do business under the laws of this state,  a trust company holding a certificate to engage in trust business from the deputy director of the financial institutions division of the department of insurance and financial institutions or the public fiduciary.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5412 - Terms and requirements of bonds

14-5412.
Terms and requirements of bonds
A. The following requirements and provisions apply to any bond required under section 14-5411:
1. Unless otherwise provided by the terms of the approved bond,  sureties are jointly and severally liable with the conservator and with each other.
2. By executing an approved bond of a conservator,  the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party respondent. Notice of any proceeding shall be delivered to the surety or mailed by certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.
3. On petition of a successor conservator or any interested person,  a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.
4. The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
B. No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5413 - Acceptance of appointment; consent to jurisdiction

14-5413.
Acceptance of appointment;  consent to jurisdiction
By accepting appointment,  a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator,  or mailed to him by registered or certified mail at his address as listed in the petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5414.01 - State veterans' conservatorship fund

14-5414.01.
State veterans' conservatorship fund
A. The state veterans' conservatorship fund is established.
B. All conservatorship monies collected pursuant to section 14-5414,  subsection G shall be deposited,  pursuant to sections 35-146 and 35-147,  by the department of veterans' services in the state veterans' conservatorship fund. On notice from the department of veterans' services,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5415 - Resignation or substitution of conservator

14-5415.
Resignation or substitution of conservator
A. On petition of the protected person or any person interested in the protected person's welfare,  or on the court's own initiative,  the court shall substitute a conservator and appoint a successor if the substitution is in the best interest of the protected person. The court does not need to find that the conservator acted inappropriately to find that the substitution is in the protected person's best interest. The conservator and the conservator's attorney may be compensated from the protected person's estate for defending against a petition for substitution only for the amount ordered by the court and on petition by the conservator or the conservator's attorney. When substituting a conservator and appointing a successor,  the court may appoint an individual nominated by the protected person if the person is at least fourteen years of age and has,  in the opinion of the court,  sufficient mental capacity to make an intelligent choice. On petition of the conservator,  the court may accept a resignation and make any other order that may be appropriate.
B. The protected person may petition the court for an order that the protected person is no longer in need of protection or petition for substitution of the conservator at any time. A request for this order may be made by informal letter to the court or judge. A person who knowingly interferes with the transmission of this request may be found in contempt of court.
C. An interested person,  other than the conservator or protected person,  shall not file a petition for adjudication that the protected person is no longer in need of protection earlier than one year after the entry of a protective order unless the court permits the person to file the petition on the basis of affidavits that there is reason to believe that the protected person is no longer in need of protection.
D. An interested person,  other than the conservator or protected person,  shall not file a petition to substitute a conservator earlier than one year after the entry of a protective order,  unless the court permits the person to file the petition on the basis of affidavits that there is reason to believe that the current conservator will endanger the protected person's estate if the conservator is not substituted.
E. Before it orders that need for protection no longer exists,  substituting a conservator or accepting the resignation of a conservator,  the court,  following the same procedures to safeguard the rights of the protected person that apply to a petition for appointment of a conservator,  may require appropriate accounts and enter appropriate orders to preserve and protect the assets of the estate,  to require reimbursement or payment as needed and to transfer assets or title thereto to appropriate successors.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5416 - Petitions for orders subsequent to appointment

14-5416.
Petitions for orders subsequent to appointment
A. Any person interested in the estate or affairs of a person for whom a conservator has been appointed may file a petition in the appointing court for an order:
1. Requiring bond or security or additional bond or security,  or reducing bond.
2. Requiring an accounting for the administration of the estate of the protected person.
3. Directing distribution.
4. Removing the conservator and appointing a temporary or successor conservator.
5. Continuing the conservatorship pursuant to section 14-5401,  subsection B.
6. Granting other appropriate relief.
B. A conservator may petition the appointing court for instructions concerning the fiduciary's responsibility.
C. On notice and a hearing the court may give appropriate instructions or make any appropriate order.
D. When a surety of a conservator desires to be released from responsibility for future acts,  the surety may apply to the court for a release. The court shall proceed in the same manner as in a proceeding under section 14-3604,  subsection B. Notice shall be given to the conservator as provided in section 14-5413.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5418 - Inventory and records

14-5418.
Inventory and records
A. Within ninety days after appointment,  a conservator shall prepare and file with the court an inventory of the assets of the protected person on the date of the conservator's appointment,  listing it with reasonable detail and indicating the fair market value of each asset as of the date of appointment. The conservator shall attach to the inventory a copy of the protected person's consumer credit report from a credit reporting agency that is dated within ninety days before the filing of the inventory.
B. The conservator shall provide a copy of the inventory to the protected person if the protected person can be located,  has attained fourteen years of age,  and has sufficient mental capacity to understand these matters,  and to any parent or guardian with whom the protected person resides. The conservator shall keep suitable records of the conservator's administration and exhibit the records on request of any interested person.
C. Unless otherwise ordered by the court,  a person who is entitled to notice of the conservator's annual account pursuant to section 14-5419,  subsection C may request in writing that the conservator do one of the following not more than once every thirty days:
1. Allow the person to view the protected person's financial records,  the conservator's billing statements,  the billing statements of the conservator's attorney or other records related to the protected person under the conservator's control.
2. Provide the requesting person with copies of these documents. Unless otherwise ordered by the court,  the conservator shall allow the person to view or provide copies of the requested documents to the person as soon as practicable but no later than thirty days after receiving the request. The requesting party must pay reasonable copying costs.
3. Provide a report of receipts and disbursements of the conservatorship.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5420 - Conservators; title by appointment

14-5420.
Conservators;  title by appointment
A. The appointment of a conservator vests in the conservator title as trustee to all property or to the part specified in the order of the protected person,  presently held or thereafter acquired,  including title to any property previously held for the protected person by custodians or attorneys in fact. An order specifying that only part of the property of the protected person vests in the conservator creates a limited conservatorship.
B. The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or rule,  regulation,  insurance policy,  pension plan,  contract,  will or trust instrument,  imposing restrictions upon or penalties for transfer or alienation by the protected person of the person's rights or interest.
C. Except as otherwise provided by law,  the interest of the protected person in property vested in a conservator is not transferable or assignable by the protected person.
D. Property vested in a conservator by this section and the interest of the protected person in that property are not subject to levy,  garnishment or similar process other than by an order issued in the protective proceeding as provided in section 14-5428.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5421 - Recording of conservator's letters

14-5421.
Recording of conservator's letters
Letters of conservatorship are evidence of transfer of all assets,  or in the case of a limited conservatorship,  the part specified in the letters,  of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subject to the conservatorship from the conservator to the protected person,  or the person's successors. Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property,  letters of conservatorship and orders terminating conservatorships shall be filed or recorded in the county where the property of the protected person is located to give record notice of title as between the conservator and the protected person.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5422 - Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions

14-5422.
Sale,  encumbrance or transaction involving conflict of interest;  voidable;  exceptions
Any sale or encumbrance to a conservator,  his spouse,  agent or attorney,  or any corporation or trust in which he has a substantial beneficial interest,  or any transaction which is affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5423 - Persons dealing with conservators; protection

14-5423.
Persons dealing with conservators;  protection
A. A person who in good faith either assists or deals with a conservator,  on the basis of a copy of letters certified by or under the direction of the court or an officer thereof within sixty days of the transaction,  is protected as if the conservator properly exercised the conservator's power and even though the authority of that person as conservator has been terminated. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power,  the propriety of its exercise,  or the current authority of the conservator,  except that restrictions on powers of conservators which are endorsed on letters as provided in section 14-5426 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.
B. The protection expressed in this section extends to any procedural irregularity or jurisdictional defect that occurred in proceedings leading to the issuance of letters. The protection expressed in this section is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5426 - Enlargement or limitation of powers of conservator

14-5426.
Enlargement or limitation of powers of conservator
A. Subject to the restrictions in section 14-5408,  subsection A,  paragraph 4,  the court may confer on a conservator at the time of appointment or later,  in addition to the powers conferred on him by sections 14-5424 and 14-5425,  any power which the court itself could exercise under section 14-5408,  subsection A,  paragraphs 2 and 3. The court may,  at the time of appointment or later,  limit the powers of a conservator otherwise conferred by sections 14-5424 and 14-5425,  or previously conferred by the court,  and may at any time relieve him of any limitation. If the court limits any power conferred on the conservator by section 14-5424 or 14-5425,  the limitation shall be endorsed upon his letters of appointment.
B. Upon appointment of a conservator for a protected spouse,  the court may determine whether the spouse's share of community property shall be managed by the conservator or by the other spouse. If the court determines that the community property shall be managed by the other spouse,  and if the protected spouse is the husband,  the wife may become the manager of the community property during the conservatorship and may dispose of community personal property in the interests of the community.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5427 - Preservation of estate plan

14-5427.
Preservation of estate plan
In investing the estate,  and in selecting assets of the estate for distribution under section 14-5425,  subsection A,  in utilizing powers of revocation or withdrawal available for the support of the protected person,  and exercisable by the conservator or the court,  the conservator and the court shall take into account any known estate plan of the protected person known to them,  including the will,  any revocable trust of which the person is settlor,  and any contract,  transfer or joint ownership arrangement originated by the protected person with provisions for payment or transfer of benefits or interests at the person's death to another or other persons. The conservator may examine the will of the protected person.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5428 - Claims against protected person; enforcement

14-5428.
Claims against protected person;  enforcement
A. A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods:
1. The claimant may deliver or mail to the conservator a written statement of the claim indicating its basis,  the name and address of the claimant and the amount claimed.
2. The claimant may file a written statement of the claim,  in the form prescribed by rule,  with the clerk of the court and deliver or mail a copy of the statement to the conservator. A claim is deemed presented on the first to occur of receipt of the written statement of claim by the conservator,  or the filing of the claim with the court. A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant within ninety days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim until thirty days after its disallowance.
B. A claimant whose claim has not been paid may petition the court for determination of his claim at any time before it is barred by the applicable statute of limitation and,  upon due proof,  procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter,  the moving party must give notice of the proceeding to the conservator if the outcome is to constitute a claim against the estate.
C. If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid,  preference is to be given to prior claims for the care,  maintenance and education of the protected person or his dependents and existing claims for expenses of administration.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5429 - Personal liability of conservator

14-5429.
Personal liability of conservator
A. Unless otherwise provided in the contract,  a conservator is not personally liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.
B. The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.
C. Claims based on contracts entered into by a conservator in a fiduciary capacity,  on obligations arising from ownership or control of the estate,  or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity,  whether or not the conservator is individually liable therefor.
D. Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting,  surcharge or indemnification,  or other appropriate proceeding or action.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5430 - Termination of proceeding

14-5430.
Termination of proceeding
A. The protected person,  the conservator or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order.
B. The court,  on determining after notice and a hearing that the minority or disability of the protected person has ceased,  shall terminate the conservatorship unless the court has continued the conservatorship or other protective order pursuant to section 14-5401,  subsection B.
C. On termination,  title to assets of the estate passes to the formerly protected person or to the person's successors. The order of termination shall provide for expenses of administration and shall direct the conservator to execute appropriate instruments to evidence the transfer.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5431 - Payment of debt and delivery of property to foreign conservator without local proceedings

14-5431.
Payment of debt and delivery of property to foreign conservator without local proceedings
Any person indebted to a protected person,  or having possession of property or of an instrument evidencing a debt,  stock or chose in action belonging to a protected person may pay or deliver to a conservator,  guardian of the estate or other like fiduciary appointed by a court of the state of residence of the protected person,  upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating both:
1. That no protective proceeding relating to the protected person is pending in this state.
2. That the foreign conservator is entitled to payment or to receive delivery. If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state,  payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5432 - Domiciliary foreign conservator; powers of local conservator

14-5432.
Domiciliary foreign conservator;  powers of local conservator
If no local conservator has been appointed and no petition in a protective proceeding is pending in this state,  a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the protected person is located certified copies of his appointment and of any official bond he has given. Thereafter,  he may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon non-resident parties generally.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5433 - Probate fund; use

14-5433.
Probate fund;  use
A. The presiding judge of the superior court in each county may establish a probate fund consisting of monies received pursuant to sections 14-3722,  14-5314 and 14-5414.
B. Each month the clerk of the court shall transmit all monies collected pursuant to sections 14-3722,  14-5314 and 14-5414 to the county treasurer for deposit in the probate fund.
C. The presiding judge of the superior court shall administer or spend monies in the fund to preserve,  audit and safeguard the estates and wards for whom the court has a fiduciary responsibility.
D. On notice from the superior court the county treasurer shall invest and divest monies in the probate fund,  and monies earned from investment shall be credited to the fund.
E. Fund monies supplement and do not supplant local funding that otherwise is made available for probate services.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5502 - Effect of lapse of time, disability or incapacity

14-5502.
Effect of lapse of time,  disability or incapacity
All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were not incapacitated or a person with a disability.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5503 - Relation of agent to court appointed fiduciary

14-5503.
Relation of agent to court appointed fiduciary
A. 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.
B. 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.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5504 - Revocation; termination; effect; notice

14-5504.
Revocation;  termination;  effect;  notice
A. The death of a principal who has executed a durable power of attorney does not revoke or terminate the agency as to the agent or other person who,  without actual knowledge of the death of the principal,  acts in good faith under the power. Any action taken in good faith pursuant to this subsection,  unless otherwise invalid or unenforceable,  binds successors in interest of the principal.
B. The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the agent or other person who,  without actual knowledge of the disability or incapacity of the principal,  acts in good faith under the power. Any action taken in good faith pursuant to this subsection,  unless otherwise invalid or unenforceable,  binds the principal and the principal's successors in interest.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5505 - Continuance of durable powers of attorney by affidavit

14-5505.
Continuance of durable powers of attorney by affidavit
A. An affidavit executed by the agent under a durable power of attorney stating that the agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death creates,  in the absence of fraud,  a rebuttable presumption of the nonrevocation or nontermination of the power at that time.
B. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable,  the affidavit when authenticated for purposes of recording is also recordable.
C. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5506 - Powers of attorney; intimidation; deception; definitions

14-5506.
Powers of attorney;  intimidation;  deception;  definitions
A. If the agent acted with intimidation or deception in procuring the power of attorney or any authority provided in the power of attorney,  the agent is subject to prosecution under title 13 and civil penalties pursuant to section 46-456.
B. A power of attorney executed by an adult who does not have capacity is invalid. In a criminal proceeding,  the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding,  if the party challenging the validity of a power of attorney on the grounds of lack of capacity proves by a preponderance of the evidence that,  at the time the power of attorney was executed,  the principal was a vulnerable adult,  the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding,  if the party challenging the validity of a power of attorney on the basis of lack of capacity does not prove by a preponderance of the evidence that,  at the time the power of attorney was executed,  the principal was a vulnerable adult,  the agent has the burden of proving by a preponderance of the evidence that the principal had capacity.
C. A person who in good faith either assists or deals with an agent is protected as if the agent properly exercised the agent's power regardless of whether the authority of that person as the agent has been terminated.
D. For the purposes of this section:
1. " Capacity"  means that at the time the power of attorney was executed the principal was capable of understanding in a reasonable manner the nature and effect of the act of executing and granting the power of attorney.
2. " Intimidation"  includes threatening to deprive a vulnerable adult of food,  nutrition,  shelter or necessary medication or medical treatment.
3. " Vulnerable adult"  has the same meaning prescribed in section 46-451.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5601 - Establishment of office of public fiduciary; appointments; costs

14-5601.
Establishment of office of public fiduciary;  appointments;  costs
A. Each county board of supervisors,  by resolution or ordinance,  shall establish the office of and appoint a public fiduciary. The supreme court shall certify each public fiduciary pursuant to section 14-5651.
B. The public fiduciary,  with the consent of and at salaries fixed by the board of supervisors,  may appoint assistants,  deputies,  stenographers,  clerks and other employees as necessary to conduct the affairs of the office. The appointments shall be in writing. Assistants and deputies hold office at the pleasure of the public fiduciary and the board of supervisors.
C. Costs incurred in conducting the office of public fiduciary shall be a charge against the county.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5602 - Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition

14-5602.
Duties of public fiduciary;  appointment;  law enforcement agency;  temporary protection of property;  definition
A. The court shall appoint a public fiduciary for those persons or decedents' estates in need of guardianship,  conservatorship or administration and for whom there is no person or corporation qualified and willing to act in that capacity.
B. On filing a statement of administration pursuant to section 14-5605 or on obtaining an order to preserve and protect property pursuant to section 14-5606,  the public fiduciary shall take possession of all properties and perform the duties prescribed in sections 14-5605 and 14-5606 when,  in the performance of its duties,  a law enforcement agency is unable to determine or locate the heirs or personal representative of a deceased person. Pending action by the public fiduciary,  the law enforcement agency shall protect all properties of the deceased person.
C. The public fiduciary may apply for and become a designated payee of benefits payable to a person under federal or state law.
D. The public fiduciary may conduct investigations necessary to carry out the requirements of this section and section 36-831.
E. For the purposes of this section,  " law enforcement agency"  means either:
1. The police agency of an incorporated city or town.
2. The county sheriff of an unincorporated area of a county.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5603 - Deposit of funds; investment plan

14-5603.
Deposit of funds;  investment plan
A. All funds coming into the custody of the public fiduciary shall be deposited in the county treasury and disbursed at the direction of the public fiduciary or shall be deposited or invested in one or more insured banks or in one or more insured credit unions authorized to do business in the county or in one or more insured savings and loan associations authorized to do business in the county,  and if there are no such insured banks,  insured credit unions or insured savings and loan associations in the county,  then the public fiduciary may deposit the funds in any insured bank or insured credit union or insured savings and loan association in the state. Money deposited with the county treasurer or deposited or invested with an insured bank,  insured credit union or insured savings and loan association shall be withdrawn only at the direction of the public fiduciary.
B. The public fiduciary may establish or continue an estate or investment plan of the public fiduciary's ward if all of the following apply:
1. The public fiduciary receives the approval of the court for the plan.
2. The plan is consistent with the standard of care imposed on trustees in sections 14-10804 and 14-10806.
3. The public fiduciary has obtained a surety bond in the amount of the assets within the plan if the court finds that a surety bond is necessary or desirable to protect the assets within the plan.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5604 - Claim against estate for expenses

14-5604.
Claim against estate for expenses
A. The public fiduciary has a claim for all of the following against the estate of the ward,  protected person or decedent:
1. Reasonable expenses incurred in the execution of the guardianship,  conservatorship or public administration.
2. Compensation for the fiduciary's services and the fiduciary's attorney that the court in which the accounts are settled deems just and reasonable.
3. An annual assessment in lieu of bond of twenty-five dollars and one-fourth of one per cent of the amount of an estate greater than ten thousand dollars. A fiduciary shall not take this assessment from the ward's or protected person's estate if the ward or protected person is eligible for supplemental security income benefits or would be eligible for these benefits if that person were not in a public institution.
B. The public fiduciary shall pay all funds received pursuant to this section to the county treasurer for deposit in the county general fund.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-5652 - Attorneys; fiduciary duties

14-5652.
Attorneys;  fiduciary duties
A. Except as prescribed pursuant to section 14-1104 and absent an express agreement to the contrary,  the performance by an attorney of legal services for a fiduciary,  settlor or testator does not by itself establish a duty in contract or tort or otherwise to any third party. For the purposes of this subsection,  third party does not apply to the personal representative,  settlor or testator.
B. An attorney who acts as a personal representative or trustee shall disclose to all adult persons who have an interest in the estate or trust the names of any person who has an interest in that estate or trust to whom the attorney is currently rendering or has in the past rendered legal services. The attorney must make this disclosure in writing within a reasonable time after learning that a client or former client has an interest in the estate or trust. The representation of an interested person by that attorney is not grounds for removing the attorney as the personal representative or trustee unless the attorney is unable to perform the fiduciary duties as personal representative or trustee without violating the attorney's ethical responsibilities to the client or former client.