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Yuma County - Guardianship and Conservatorship of an Adult

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  3. Yuma County - Probate Matters
  4. Guardianship and Conservatorship of an Adult

Guardianship and Conservatorship of an Adult

Appointment for Adult Guardianship

Accounting

You may use the "First Conservator's Account" form if the following factors apply to your situation:

  • You have been appointed the Conservator for an adult or minor, AND
  • You have not yet completed an account as a Guardian or Conservator for this case, AND
  • You want to file court papers to have the FIRST account approved by the Court

You may use the "Annual Conservator's Account" form if the following factor's apply to your situation:

  • You have been appointed the conservator for an adult or minor, AND
  • You have completed at least one annual account (the first account or Form 6) as a Guardian or Conservator for this case, AND
  • You want to file court papers to have this annual account approved by the Court.

You may use the "Final Conservator's Account" form if the following factors apply to your situation:

  • You have been appointed the Conservator for an adult or minor, AND
  • The conservatorship has ended or your service as the conservator has ended because of one or more of the following factors, AND
    • The protected person has died;
    • The protected person no longer needs protection;
    • You want to resign;
    • You are being replaced by a substitute ("successor") conservator; or
    • The estate assets have been expended. AND
  • You must finish documenting all financial activity related to the settlement of all accounts, assets and inventory within 90 days of the protected person's death, the end of the conservatorship, or the end of your responsibilities as conservator; AND
  • You want to file the final account papers at the court, and request the court review and approve the final account.

You may use the "Simplified Conservator's Annual Account" form if the following factors apply:

  • You have been appointed the conservator for an adult or minor; AND
  • By COURT ORDER, you have been given authorization to file a simplified account; AND
  • You want to file these account papers with the Court to begin the court review of the Conservator account

Release of Restricted Funds

You may use these forms if the following factors apply to your situation:

  • You have been appointed the guardian and/or conservator for a minor or adult, AND
  • The protected minor or adult's funds are in a restricted account in the bank, AND
  • You want permission from the court to use the money for something very important.

Annual Report of Guardian

You may use these forms if the following factors apply to your situation:

  • You have been appointed the guardian for an adult (or minor with a case number that starts with "PB"); AND
  • You need to file an "Annual Report of Guardian" as required by law (A.R.S § 14-5315) to provide the Court with the information required about the protected person's current condition.
 

Transfer an Out-of-State Case in TO Arizona

You may use this forms if the following factors apply to your situation:

  • There is a court-ordered guardianship and/or conservatorship for an incapacitated or protected person (also known as “the ward”) in a U.S. state other than Arizona.
  • The ward is now in Arizona or will soon relocate to Arizona.
  • You want to transfer the existing guardianship and/or conservatorship case to Arizona rather than starting a new case here. *


* NOTE: You may either file to transfer or start a new case in Arizona, but note that transferring guardianship and/or conservatorship requires ALL of the following:

  • Asking the court in the state where the case is being sent from for permission to ask Arizona to accept the case;
  • Asking the court in Arizona to issue a provisional (temporary or conditional) order accepting the case;
  • Presenting the order provisionally accepting the case from the court in Arizona to the court in the sending state and asking for final permission to transfer;
  • Presenting the final permission to transfer from the sending state to the court in Arizona and asking for a final order accepting the transfer from Arizona; and
  • Presenting the final order from Arizona accepting transfer to the court in the sending state, along with a request to terminate the case in that state.


Note also, when accepting a transfer, no court investigator’s report or physician’s report are required, as the receiving court accepts the sending court’s determination of incapacity and need for protection.

Termination of Guardianship and/or Conservatorship

You may use these forms if the following factors apply to your situation:

  • A guardian and/or conservator has been appointed for a disabled adult, AND
  • The guardian/conservatorship is no longer needed and the Arizona case should be TERMINATED because:
    • the protected adult (the "Ward") died, or
    • moved out of state, or
    • is now able to conduct his or her own affairs, AND
    • the current guardian/conservator needs to be released from his or her legal duties (discharged), 
      OR
  • There is still a need for a guardian and/or conservator but a person currently serving as court-appointed guardian and/or conservator needs to be "discharged" (released from his or her legal duties) because he or she:
    • is no longer able or willing to serve, or
    • should not be allowed to continue to serve.
      OR
  • You want a court order to release restricted funds or property to a disabled or protected adult.
  • Do NOT use this packet to terminate guardianship or conservatorship of a minor. Refer to separate forms and instructions to terminate or to discharge a guardian or conservator for a minor, including a minor who has turned 18.

Petition for Contact

You may use these forms if the following factors apply to your situation:

  • The Ward (protected person) is involved in an active guardianship case in the Maricopa County Superior Court; AND
  • You want the Court to order the Guardian to allow you to have contact with the Ward (protected Person); OR
  • The Ward wants the Court to order the Guardian to allow the Ward to have contact with a person; AND
  • The Guardian is restricting the contact between the Ward and the person with whom contact is requested, AND
  • There is a "significant relationship" between the Ward and the person to be contacted, and Petitioner can prove the "significant relationship" to the Court. [A "significant relationship" means that a person "either is related to the ward by blood or marriage or is a close friend of the ward as established by a history of pattern and practice" (A.R.S. § 14-5101)].