GUARDIANS AND CONSERVATORS
Rep. Barto
If a petitioner for a guardianship or
conservatorship of a person withdraws the petition or the
petitioner fails to prosecute the petition, the court may
order that compensation of the lawyer or expert appointed as
a result of the petition be paid by the petitioner or the
ward’s estate.
A lawyer employed to represent a guardian
or conservator is entitled to reasonable compensation from
the ward’s estate if the petition is granted.
An estate conservator is no longer
required to provide a final account if the conservatorship
is terminated due to the death of the protected person and a
verified statement containing items enumerated in statute is
filed, including a written waiver of the final accounting by
all the protected person’s successors. The personal
representative who is not the conservator may file the
waiver.
The list of individuals who are entitled
to reasonable compensation from the estate of a protected
person is expanded to include a psychologist and an
independent lawyer not appointed by the court.
The contents of the closing statement
required to be delivered to the protected person’s
successors are also enumerated in statute.
The following terms are defined:
- ‘Guardian’ includes both a guardian and a temporary
guardian.
- ‘Ward’ is amended to include an alleged
incapacitated person.
- ‘Conservator’ includes a conservator, temporary
conservator or special conservator.
- ‘Petition” is a petition submitted to the court for
the appointment of a guardian, temporary guardian,
conservator or temporary conservator.
- ‘Protected person’ includes a person who is alleged
to be in need of protection.
- ‘Protected person’s successor’ include the personal
representative of the protected person’s estate, if the
personal representative and the conservator are not the
same person. The protected person’s heirs, if the
protected person died without a will and the personal
representative and the conservator are the same person.
The devisees under the protected person’s will, if the
protected person died with a will and the personal
representative and the conservator are the same person.
Statute Amended: A.R.S. §14-5314, 14-5414.01, 14-5419, 14-5425
Court Impact: Prescribes additional parties who may receive
compensation in guardianship and conservatorship cases including an
independent lawyer or psychologist. The court may order the
compensation from the ward's estate or by the petitioner. The court
may consider any evidence it considers appropriate in making its
determination. Allows a conservator to file a verified statement in
lieu of a final accounting with permission of the court and
specifies the content of the statement. Specifies condition under
which a conservator may proceed to administer and distribute a
decedents estate without additional or further appointment.
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