{"id":83,"date":"2019-03-28T17:23:04","date_gmt":"2019-03-28T17:23:04","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=83"},"modified":"2023-06-12T18:44:54","modified_gmt":"2023-06-12T18:44:54","slug":"ending-conservatorship","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/ending-conservatorship\/","title":{"rendered":"Ending a Conservatorship in Arizona"},"content":{"rendered":"
Conservatorships<\/a>\u00a0and guardianships<\/a>\u00a0are protective proceedings that are designed to provide decision-making assistance and financial management for minors and incapacitated adults (referred to as a protected person or ward<\/a>). In both cases, the protective orders are designed to remain in effect until the minor turns 18, or until the incapacitated adult no longer needs assistance. Given the intended permanency, there are only a handful of circumstances that may warrant ending a conservatorship:<\/p>\n When it becomes necessary to replace the appointed conservator, the court usually doesn\u2019t end the conservatorship\u2014instead, the judge will amend the conservatorship order to replace the previous conservator with a new one. As with the limited circumstances that justify ending a conservatorship, there are only a handful of circumstances that may warrant appointing a new conservator:<\/p>\n You should be able to get the forms to end a conservatorship from the county probate court clerk or from the probate court\u2019s website. If the ward is a minor, there are usually additional forms that you\u2019ll need to file with the petition to end the conservatorship. In the petition, you\u2019ll be asked for basic information about the conservator and the ward, the status and location of any assets under the control of the conservator, and your reasoning for terminating the conservatorship. After filing the petition with the court, you\u2019ll be required to serve notice of the petition to all interested persons (including the ward) and file proof of notice with the court.<\/p>\n Depending on the situation, the court may schedule a hearing, or the judge may waive the hearing and issue a summary ruling. For example, the court will probably issue a summary ruling to end the conservatorship if the ward has passed away, but a hearing is usually necessary to evaluate a claim that the ward is no longer incapacitated. In the latter example, the court may assign an investigator to evaluate the ward, and the judge may require testimony and\/or certification from the ward\u2019s doctor.<\/p>\n If the petition for termination is approved, the conservator will typically be required to file a final report of their activities and an accounting of the estate\u2019s assets. Once the assets are transferred back into the adult\u2019s control, the conservator may be required to submit verification of the transfer.<\/p>\n Though the terms \u201cconservatorship\u201d and \u201cguardianship\u201d are often used synonymously, there\u2019s actually an important difference between the two. The term \u201cguardianship\u201d generally refers to protective proceedings where the caretaker has authority over the ward\u2019s healthcare and\/or living arrangements (known as a \u201cconservator of the person\u201d). The term \u201cconservatorship\u201d typically refers to protective proceedings where the caretaker has authority over the ward\u2019s assets and finances (known as a \u201cconservator of the estate\u201d). Depending on the needs of the incapacitated adult in question, the court can appoint a conservator of the estate, a conservator of the person, or both. As such, a conservator appointed to both capacities would be considered a conservator and a guardian.<\/p>\n\n
Appointing a New Conservator<\/h2>\n
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Filing a Petition for Ending a Conservatorship<\/h2>\n
What to Do After Filing the Petition<\/h2>\n
Conservatorship vs. Guardianship<\/h2>\n