Annual Account of Conservator

Pleading Forms

Each account needs a cover pleading describing the precise documents that make up the account.  The account coversheets depend on whether the account is the account at 9 months affter appointment; accounts each year thereafter, the simplified account, or the final account:

First Conservatorship Account Coversheet

Conservatorship Account Coversheet

Simplified Conservatorship Account (If Authorized by Court) Cover Sheet

Final Conservatorship Account Cover Sheet

 

Seeking Court approval of the account is the same as it has been in the past:

 

Petition for Approval of Annual Account-Prompter

 

This form includes:

Petition for Approval of Annual Account

Proof of Notice

Notice of Hearing

Order Approving Annual Account of Conservator

Verified Statement of Attorney's Fees

Account Information Sheet*

Bond calculation connects to a live Excel Spreadsheet

 

It is also necessary to file with the accounting the:

Budget and Sustainability Forms on the AZCourts Website (Sustainability forms are automatically included with the Budget or the Accounting)

Copy of Bank Statement and/or  Copy of Securities Account Statement for ending month of the accounting

 

* Filed as Confidential Filings

Law

ARS § 14-5419 governs Annual Accounts of Conservator. 

 

Rule 30B of the Arizona Rules of Probate Procedure provides:

 

B. Accountings.

1. Unless otherwise ordered by the court, the conservator's first accounting shall reflect all activity relating to the conservatorship estate from the date the conservator's letters were first issued through and including the last day of the ninth month after the date the conservator's permanent letters were issued and shall be filed with the court on or before the anniversary date of the issuance of the conservator's permanent letters. For each bank or securities account listed on the ending balance schedule of the accounting, the conservator shall attach to the accounting a copy of the monthly statement that corresponds to the ending balance of such account as reflected on the accounting.

2. Unless otherwise ordered by the court, all subsequent accountings shall reflect all activity relating to the conservatorship estate from the ending date of the most recent previously filed accounting through and including the last date of the twelfth month thereafter, and shall be filed with the court on or before the anniversary date of the issuance of the conservator's permanent letters. For each bank or securities account listed on the ending balance schedule of the accounting, the conservator shall attach to the accounting a copy of the monthly statement that corresponds to the ending balance of such account as reflected on the accounting.

3. Unless otherwise ordered by the court and except as provided in A.R.S. § 14-5419(F), a conservator shall file a final accounting for a deceased protected person within 90 days after the date of the protected person's death.

4. If the conservator is unable to file an accounting within the time set forth in this rule, the conservator shall, before the deadline, file a motion that requests additional time to file the accounting. The motion shall, at a minimum, state why additional time is required and how much additional time is required to file the accounting.

5. For purposes of this rule, if the conservator's appointment initially was temporary, “the date the conservator's letters were first issued” shall mean the date the conservator's temporary letters were issued; otherwise, “the date the conservator's letters were first issued” shall mean the date the conservator's permanent letters were issued.

 

Notice

ARS § 14-5419(C) has the following notice requirement:

 

C. An adjudication allowing an intermediate or final account can be made only on petition, notice and a hearing. Notice must be given to:

1. The protected person.

2. A guardian of the protected person if one has been appointed, unless the same person is serving as both guardian and conservator.

3. If no guardian has been appointed or the same person is serving as both guardian and conservator, a spouse or, if the spouse is the conservator, there is no spouse or the spouse is incapacitated, a parent or an adult child who is not serving as a conservator.

4. A representative appointed for the protected person, if the court determines in accordance with section 14-1408 that representation of the interest of the protected person would otherwise be inadequate.

 

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