Budget

Forms

Budget Form

 

The first budget is due no later than when the inventory is due (i.e. 90 days).  Subsequent budgets need to be filed with each annual account.

 

Any person entitled to the annual account per  Section 14-5419(C) is entitled to a copy of the budget.

 

Budget Forms on the AZCourts Website  

 

Conservatorship Budget Coversheet

 

Proof of Notice

Law

17B A.R.S. Rules Probate Proc., Rule 30.1


Rule 30.1. Financial Order


<Text of rule effective September 1, 2012.>

A. Following the appointment of a conservator for an adult, the conservator shall institute and follow a budget, as set forth in Rule 30.3, unless otherwise ordered by the court, and the court may enter one or more of the following orders:

1. Limiting expenditures from the estate of the protected person as the court finds is in the protected person's best interest; or,

2. Requiring the conservator to proceed in any other lawful manner the court finds is in the protected person's best interest.

B. After a conservator is appointed for an adult, the court may discharge the protected person's attorney if the court finds that the cost of the continued representation exceeds the probable benefit to the protected person. Until discharged, the protected person's attorney has a continuing duty to review the conservator's inventory, budgets and accounts and to notify the court of any objections or concerns the attorney identifies with respect to the conservator's inventory, budgets and accounts.

 

17B A.R.S. Rules Probate Proc., Rule 30.3


Rule 30.3. Conservatorship Estate Budget


<Text of Rule effective September 1, 2012. >

A. Unless otherwise ordered by the court, the conservator shall file a budget not later than the date the inventory is due and thereafter with each conservator's account, following consultation with any attorney or guardian ad litem for the protected person. The first budget shall cover the date of the conservator's initial appointment through and including the end date of the conservator's first account.

B. Unless otherwise ordered by the court, the budget shall be filed in the format set forth in the appropriate form prescribed in the arizona code of judicial administration.

C. The conservator must provide a copy of the budget to all persons entitled to notice of the conservator's accounts pursuant to arizona revised statutes Section 14-5419(C).

D. The conservator shall file an amendment to the budget and provide notice in the same manner as the initial budget within thirty days after reasonably projecting that the expenditures for any specific category will exceed the approved budget by a threshold prescribed by the arizona judicial council and as set forth in the instructions for the conservator's budget as adopted in the arizona code of judicial administration.

E. An interested person may file a written objection to the budget or amendment within fourteen days after the filing date of the budget or amendment. On the filing of a written objection, the court may overrule all or part of the objection, order a reply by the conservator or set a hearing on the objection. The court may also set a hearing in the absence of an objection. At a hearing, the conservator has the burden to prove that a contested budget item is reasonable, necessary and in the best interest of the protected person. If an interested person fails to object to a budget item within fourteen days after the filing date of the budget or amendment, the budget item shall be deemed presumptively reasonable at the time of the conservator's account.

F. The court may order that a budget is accepted in the absence of an objection. On the court's own motion or upon the filing of a written objection, the court shall approve, disapprove or modify the budget to further the protected person's best interest.