Conservatorships in Buckeye, AZ

Making independent financial decisions is a fundamental right of adulthood. However, sometimes life leaves a person unable to manage their affairs — whether due to an accident, illness, or simply old age. In Arizona, establishing a conservatorship can provide crucial protection and support to an incapacitated individual.

If you are considering a conservatorship for a loved one, a Buckeye conservatorship attorney from Pennington Law, PLLC can explain the legal process and take the necessary steps on your behalf. Contact us today for a confidential consultation and learn how to protect your loved one’s best interests. 

What is a Conservatorship in Buckeye, AZ?

In Arizona, a conservatorship is an arrangement that grants legal authority to a designated individual or organization to manage the financial affairs of a person who cannot do so independently. The vulnerable adult, legally called a protected person, may be unable to communicate responsible decisions due to age, illness, or disability. The court-appointed conservator is granted authority to handle financial matters and manage other assets on behalf of the protected person, ensuring their property and income are supervised responsibly.

While the terms conservatorship and guardianship are often confused, they are distinct arrangements under Arizona law. A conservatorship focuses on managing financial affairs and assets for the protected person, while a guardianship involves making personal and medical decisions for the ward. In some cases, an individual may require both a conservator and a guardian, which can be the same person or two different individuals, depending on the specific circumstances and needs of the incapacitated person. 

In Buckeye, AZ, there are two main types of conservatorships: 

• General conservatorship – Grants broad authority to manage all financial aspects of the protected person’s life
• Limited conservatorship – Restricts the conservator’s powers to specific areas or decisions, allowing the individual to retain some control over their finances

The type of conservatorship established depends on the protected person’s specific needs and whether they have a sufficient understanding of their condition and the proceedings. A Buckeye conservatorship lawyer at Pennington Law, PLLC can help you determine which type of conservatorship is appropriate for your loved one’s situation. 

When is a Conservatorship Necessary?

Conservatorships become necessary when an individual can no longer make reasonable financial decisions effectively and no other less restrictive alternatives are available to help them do so. This legal arrangement is typically considered for elderly individuals with dementia or Alzheimer’s disease, adults with severe mental illness or developmental disabilities, or individuals who have suffered a traumatic brain injury or stroke. 

Several common reasons exist for establishing a conservatorship. These include protecting assets from exploitation or mismanagement, ensuring bills and debts are paid on time, managing investments and property, and applying for government benefits on behalf of the protected person. The primary goal is to safeguard the financial well-being of the vulnerable individual while preserving as much of their autonomy as possible. 

Recognizing the signs that a conservatorship may be necessary is essential. Family members or caregivers might notice:

• An inability to pay bills or manage bank accounts
• Susceptibility to financial scams or exploitation
• Accumulation of unpaid debts or late fees
• Difficulty understanding financial documents or making sound financial decisions
• Neglect of property maintenance and tax obligations

If you observe these signs in a loved one, it may be time to consider a conservatorship.

The Conservatorship Process in Buckeye, AZ

Establishing a conservatorship in Buckeye involves several steps. The process begins with filing a petition for conservatorship with the local court. This petition must include detailed information about the proposed individual’s condition, assets, and why a conservatorship is the best alternative for them. Supporting documentation, such as medical evaluations and financial records, must accompany the petition.

After filing a petition, the court schedules a hearing and appoints a court investigator. This investigator meets with the protected person, family members, and other relevant parties to assess the situation. They then submit a report to the court with their findings and recommendations.

At the hearing, the judge reviews the evidence and testimonies to determine whether a conservatorship is necessary. If approved, the court issues an order appointing the conservator and outlining their powers and responsibilities.

Duties and Responsibilities of a Conservator

A conservator’s primary duty is to responsibly manage the protected person’s finances and assets. This may include: 

• Managing bank accounts and investments
• Paying bills and taxes
• Collecting income and benefits
• Protecting assets from fraud or misuse

Conservators must also maintain detailed records of all financial transactions and submit regular accountings to the court. These reports ensure transparency and allow the court to monitor the conservatorship.

Above all, a conservator has a fiduciary duty to act in the protected person’s best interests. This means making decisions prioritizing the individual’s well-being and financial security, even if these decisions conflict with the wishes of other family members.

Rights of the Protected Person

While a conservatorship limits some of an individual’s rights, protecting the protected person’s dignity and remaining autonomy is the court’s primary concern. Protected individuals retain the right to: 

• Be treated with respect
• Participate in decision-making to the extent of their ability
• Petition the court to end or modify the conservatorship
• Have their preferences considered in financial decisions
• The court provides ongoing supervision to ensure the conservator acts in the protected person’s best interests. This oversight helps prevent abuse and ensures the conservatorship continues to serve its intended purpose. 

How Pennington Law, PLLC Can Help

At Pennington Law, PLLC, we have extensive experience in estate planning and conservatorship cases in Buckeye, AZ. We understand that the decision to pursue a conservatorship is often stressful and emotional. Our experienced attorneys can help you determine whether a conservatorship is the right choice for your loved one and guide you through the legal process if necessary.

Our knowledgeable conservatorship attorneys can help by: 

• Evaluating the need for a conservatorship
• Preparing and filing necessary legal documents
• Representing you in court proceedings
• Advising on the responsibilities of a conservator
• Addressing any disputes or challenges that may arise

Contact Us Now to Learn Your Legal Options

We know you want to protect your loved one. So do we. Let us help you develop a conservatorship that balances their need for support while respecting boundaries and providing them with as much independence as possible. Contact an experienced estate planning lawyer at Pennington Law, PLLC today for an initial consultation to discuss your situation and review your options.