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How to Get an Emergency Conservatorship in Arizona

Younger lady with older lady at ATM to withdraw money. Does this support an emergency conservatorship in Arizona?

Obtaining an emergency conservatorship in Arizona can be a complex process, but with the right guidance, anyone can learn the proper steps to take. In this guide, you will get some helpful hints on how to support your request for an emergency conservatorship in Arizona, including information on who is eligible and what forms and documents are needed.

Know the Requirements and Criteria for an Emergency Conservatorship in Arizona.

Before you can enter into an emergency conservatorship arrangement in Arizona, certain requirements must be met. Pursuant to Arizona Statutes 14-5401.01, an Arizona court can appoint a temporary conservator if one of the following is true:

  • The person allegedly in need of protection has no conservator and an emergency exists or
  • If an appointed conservator is not effectively performing the duties of a conservator and the estate or affairs of the protected person are found to require immediate action.

The statute does not explain what qualifies as an “emergency.” But from our experience, the next section lists some examples to guide you.

Examples of Situations Supporting an Emergency Conservatorship in Arizona.

The court may appoint a conservator on an emergency basis if there is evidence of one or more of the following facts:

  1. The person’s assets or property are at risk of being mismanaged, squandered, or depleted due to the person’s incapacity or the actions of others. You must be able to show that money or assets are already missing, and that it is not safe to wait a month or longer for the hearing on the appointment of a permanent conservator.
  2. The person is at risk of being evicted due to failure to pay their rent or mortgage.
  3. The person doesn’t have food or medicine because they simply aren’t buying these necessities.
  4. The person has failed to pay bills or other financial obligations, leading to legal action being taken against them.
  5. The person has become the victim of financial exploitation or abuse. In our experience, the court is more likely to appoint a temporary conservator in this situation.

In an emergency situation, the court may appoint a temporary conservator to act quickly and prevent further harm or loss to the person or their estate. The temporary conservatorship may be granted for a limited period of time until a permanent conservator can be appointed through regular court proceedings.

The Difference Between Requesting an Emergency Conservatorship in Arizona With Notice vs. Without Notice.

An Emergency Conservatorship in Arizona can be requested with or without being noticed beforehand.

Requesting an Emergency Conservatorship Without Notice.

Pursuant to Arizona Statutes 14-5401.01 (B), the court may enter a finding of a need for interim protection and may appoint a temporary conservator without notice to the person allegedly in need of protection or that person’s attorney if all of the following conditions are met:

  1. It clearly appears from specific facts shown by affidavit or by the verified petition that immediate and irreparable injury, loss or damage will result before the person allegedly in need of protection or that person’s attorney can be heard in opposition.

  2. The petitioner or the petitioner’s attorney certifies to the court in writing any efforts that the petitioner or the attorney has made to give the notice or the reasons supporting the claim that notice should not be required.

  3. The petitioner files with the court a request for a hearing on the petition for the appointment of a temporary conservator.

  4. The petitioner or the petitioner’s attorney certifies that notice of the petition, order and all filed reports and affidavits will be given to the person allegedly in need of protection by personal service within the time period the court directs but not more than seventy-two hours after entry of the order of appointment.

To secure an emergency conservatorship without notice means a Petitioner must prove that the Proposed Protected Person is unable to care for themselves and that they are at imminent risk of financial harm. Additionally, it must be established that notice would not afford sufficient time to protect the Proposed Protected Person and appointing an emergency conservator is their best interest.

Requesting an Emergency Conservatorship With Notice.

If those conditions are not met, then you need to schedule a hearing far enough out to be able to serve notice of the hearing on the person you are trying to get a conservatorship over. And you must notify other interested parties about the hearing as well.

Types of Evidence Needed to Support an Emergency Conservatorship in Arizona.

When attempting to secure an Emergency Conservatorship in Arizona, it is important to understand the evidence needed to properly support your petition. For example, you can’t just tell the story that money is missing. You need to prove it. Examples of necessary evidence include bank statements showing withdrawals for the benefit of others, a deed transferring a house to others, collection notices due to failure to pay bills, and other financial records indicating inability to handle their own finances. Additionally, it helps if the Petitioner can explain how they have attempted to intervene prior to requesting an emergency conservatorship.

Hire an Experienced Probate Litigation Attorney If You Want To Be Successful.

It is strongly recommended that you hire an experienced probate litigation attorney if you want to be successful in your attempt to obtain an emergency conservatorship in Arizona. Call us at 602-443-4888. We have decades of experience handling emergency conservatorships. We make sure that your case is solid, so your petition has a greater likelihood of being approved by a judge.

 

ABOUT THE AUTHOR

Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.

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