Termination of Conservatorship

Termination of a conservatorship may take place if the ward has died. If the ward has not died, conservatorship may terminate if the condition that had rendered the ward incapable of making responsible decisions about her finances has resolved.

In any case, it is necessary to file a final account of conservator unless the final account is waived under A.R.S. §14-5419 by the successors of the protected person.  The template for obtaining the waiver of account from the successors of the protected person and for filing the waiver with the court is Conservatorship Verified Statement in Lieu of Final Account-Prompter.



If the court is to approve a final account, we must also lodge an order approving the final account of conservator.


When the conservatorship terminates, it is necessary to ask the court to approve a proposed distribution of the conservatorship assets.  If the protected person has recovered, distribution will be to her.  The more likely scenario is that the protected person will have died, and you will be asking the court for authority to make distribution of the assets post-mortem.  This is controled by A.R.S. §14-0525

Name of Form	PCBA Form #	When Form is Used
Petition for Approval of Final Account and for Decree of Settlement and Distribution	GC-30	There is NO guardianship and --the ward has died --the ward no longer requires a conservator This form asks for court approval of the final account and for court approval of the manner in which the assets of the conservatorship should be distributed.
Order Approving Final Account and Decree of Settlement and Distribution of Estate	GC-32	Whenever you use for GC-30
Petition for Final Discharge of Conservator	GC-33	After you get approval of the proposed distribution of the conservatorship assets, use this form to report to the court that you have made the distribution and to request that the conservator be discharged and the case closed.
Order of Final Discharge of Conservator	GC-35	Whenever you use Form GC-33
Petition for Approval of Final Report of Guardian and for Approval of Final Account of Conservator	GC-31	There is BOTH a guardianship and a conservatorship and --the ward has died --the ward no longer requires both a guardianship and conservatorship
Order Approving Final Account of Guardian and Conservator and Decree of Settlement and Distribution  of Estate	GC-32A	Whenever you use form GC-31

 

Paul B. Bartlett, P.C.