{"id":130,"date":"2019-03-28T17:23:06","date_gmt":"2019-03-28T17:23:06","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=130"},"modified":"2023-06-12T19:01:05","modified_gmt":"2023-06-12T19:01:05","slug":"how-does-conservatorship-work","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/how-does-conservatorship-work\/","title":{"rendered":"How Does an Arizona Conservatorship Work?"},"content":{"rendered":"

Introduction<\/h2>\n

A conservatorship<\/a>\u00a0is a legal arrangement where a judge appoints a family member, friend, or organization to handle the affairs of an incapacitated adult. The vast majority of conservatorship cases involve an adult who is in a coma, suffers from advanced dementia or Alzheimer\u2019s disease, or has other serious illnesses or injuries that result in the loss of their mental faculties.<\/p>\n

Conservatorships can be established to care for minors, but for the purpose of this discussion we\u2019ll focus on cases where the conservatee (also known as a ward or protected person<\/a>) is an adult.<\/p>\n

Types of Conservatorships<\/h2>\n

Generally speaking, there are four types of conservatorships that can be established according to Arizona probate law:<\/p>\n

Limited Conservatorships<\/h3>\n

In a limited conservatorship, the protected person may need some decision-making assistance with their finances, healthcare, and\/or living arrangements, but he or she isn\u2019t fully incapacitated and can still manage some of their own affairs.<\/p>\n

A good example would be an elderly adult who can\u2019t handle the complexity of managing their investments, but who possesses enough rational-thinking capabilities to consult with doctors, make important healthcare decisions, and make living arrangements.<\/p>\n

In some cases, a limited conservatorship can even be established for a single transaction (like selling a house) or a series of transactions (such as selling assets in a 401k to make monthly income distributions).<\/p>\n

General Conservatorships<\/h3>\n

As the name implies, a general conservatorship offers the conservator broad, sweeping control over the protected person\u2019s affairs. General conservatorships are often referred to as adult guardianships.<\/p>\n

Emergency Conservatorships<\/h3>\n

The law provides an expedited solution for emergency situations where the incapacitated adult is in imminent danger of death or serious bodily injury. If the petitioning party can prove that an emergency conservatorship is necessary, the court can appoint an emergency conservator in as little as 24 hours or less.<\/p>\n

The emergency conservator is usually appointed for six days, after which the emergency conservator would need to petition for temporary guardianship if he or she needs to retain their decision-making authority until a permanent conservatorship is appointed.<\/p>\n

Temporary Conservatorships<\/h3>\n

A temporary conservatorship<\/a>\u00a0is intended to provide the protected person with an interim conservator until a permanent conservator is appointed (full conservatorship proceedings can take months to complete).<\/p>\n

Note that an emergency and temporary conservatorship request must be filed as part of a general conservatorship case. These solutions are intended to provide interim care, not to replace standard guardianship proceedings. Emergency and temporary conservators are usually given a stricter mandate with limited access to assets.<\/p>\n

Types of Conservators<\/h2>\n

Depending on the needs of the incapacitated adult, the court may appoint a conservator of the estate, a conservator of the person, or both. Most conservatorship cases appoint a single conservator to both positions, but it\u2019s not uncommon to see a limited conservatorship with a single type of conservator.<\/p>\n