Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons is a commonly used form within Arizona. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons:

• This form pertains to the State of Arizona

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Arizona’s Form AOC PBPAFORM4F - Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Arizona form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Arizona probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form AOC PBPAFORM4F, take a break, and then review. Probate and estate settlement processes in AZ are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form AOC PBPAFORM4F online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form AOC PBPAFORM4F witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Arizona.

5 reasons you should submit AOC PBPAFORM4F as quickly as possible:

1. The sooner you begin, the faster Arizona can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Arizona. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Arizona is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Arizona probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Arizona probate clerk or court for exact answers regarding Form AOC PBPAFORM4F, and when in doubt— consult a qualified trust & estates lawyer for that area.

Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons is one of the many probate court forms available for download through Atticus.

It may also be available through some Arizona probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Arizona.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form AOC PBPAFORM4F - Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Arizona probate court office.

Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Arizona-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Arizona Form AOC PBPAFORM4F - Form 4 - Order To Guardian And Conservator And Acknowledgment And Information To Interested Persons. You can use this to get an idea of the context of the form and what type of information is needed.

Name of Person Filing Document: Address: City, State, Zip Code: Telephone Number: Attorney Bar Number (if applicable): Licensed Fiduciary Number (if applicable): Representing [ ] Self or [ ] Attorney for: IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF ____________________ In the Matter of the Guardianship ofCase Number: and Conservatorship for ORDER TO GUARDIAN AND CONSERVATOR AND ACKNOWLEDGEMENT AND INFORMATION TO INTERESTED PERSONS Ward’s (and Protected Person’s) Name, [ ] a Minor [ ] an Adult(Assigned Judicial Officer) Warning: This appointment is not effective until the Letters of Appointment have been issued by the Clerk of the Superior Court. The welfare and best interest of the person named above (“your ward” and “protected person”) are matters of great concern to this Court. By accepting appointment as guardian and conservator you have subjected yourself to the power and supervision of the Court. Therefore, to assist you in the performance of your duties, this Order is entered. You are required to be guided by it and comply with its provisions because it relates to your duties as guardian of your ward and conservator of your protected person, as follows: GUARDIAN(S) 1.You have powers and responsibilities similar to those of a parent of a minor child, except that you are not legally obligated to contribute to the support of your ward from your own funds. Effective January 1, 2017Page 1 of 8AOC PBPAFORM4F Revised November 9, 2016 FOR CLERK’S USE ONLY Case Number: 2.Unless the Order appointing you provides otherwise, your duties and responsibilities include (but are not limited to) making appropriate arrangements to see that your ward's personal needs (such as food, clothing, and shelter) are met. 3.You are responsible for making decisions concerning your ward's educational, social, and religious activities. If your ward is 14 years of age or older, you must take into account the ward's preferences to the extent they are known to you or can be discovered with a reasonable amount of effort. 4.You are responsible for encouraging and allowing contact between your ward and other persons who have a significant relationship with your ward, unless there is reason to believe that contact would be detrimental to the ward’s health, safety, or welfare. 5.You are responsible for making decisions concerning your ward's medical needs. Such decisions include (but are not limited to) the decision to place your ward in a nursing home or other health care facility and the employment of doctors, nurses, or other professionals to provide for your ward's health care needs. However, you are to use the least restrictive means and environment available that meet your ward's needs. 6.You may arrange for medical care to be provided even if your ward does not wish to have it, but you may not place your ward in an inpatient psychiatric facility against your ward's will unless the Court specifically has authorized you to consent to such placement. 7.You are required to notify the ward’s family members as soon as practicable if your ward is admitted to a hospital for more than 3 days or if your ward dies. 8.You may handle small amounts of money or property belonging to your ward without being appointed conservator. As a general rule, “small amount” means that the ward does not receive income (from all sources) exceeding $10,000 per year, does not accumulate excess funds exceeding that amount, and does not own real property. If more than these amounts come into your possession, or are accumulated by you, you are required to petition the Court for the appointment of a conservator. 9.If you handle any money or property belonging to your ward, you have a duty to do each of the following: a.Care for and protect your ward's personal effects; b.Apply any monies you receive for your ward's current support, care, and education needs; c.Conserve any excess funds not so spent for your ward's future needs; d.Maintain your ward's funds in a separate account, distinct from your own and identified as belonging to the ward; e.Maintain records of all of the ward's property received and expended during the period of the guardianship; f.Account to your ward or your ward's successors at the termination of the guardianship; and Effective January 1, 2017Page 2 of 8AOC PBPAFORM4F Revised November 9, 2016 Case Number: g.Not purchase, lease, borrow, or use your ward's property or money for your benefit or anyone else's, without prior Court approval. 10.You shall not accept any compensation of any kind for placing your ward in a particular nursing home or other care facility, using a certain doctor, or using a certain lawyer. “Compensation” includes, but is not necessarily limited to, direct or indirect payments of money, “kickbacks,” gifts, favors, and other kinds of personal benefits. 11.You will need to obtain a certified copy of the Letters of Appointment that are issued to you by the Clerk of the Superior Court. Your certified copy is proof of your authority to act as guardian of your ward, and you should have the document available when acting on behalf of your ward. You may need to obtain additional (or updated) copies from time to time for delivery to, or inspection by, the people with whom you are dealing. 12.You are required to report annually, in writing, with respect to your ward's residence, physical and mental health, whether there still is a need for a guardian, and your ward's financial situation. Your report is due each year on the anniversary date of the issuance of your Letters of Appointment as permanent guardian. 13.If your ward's physical address changes, you shall notify the Court by updating the Probate Information Form within three (3) days of learning of the change in your ward's physical address. If your ward dies you shall notify the court in writing of the ward's death within ten (10) days of learning that the ward has died. 14.You must be conscious at all times of the needs and best interests of your ward. If the circumstances that made a guardianship necessary should end, you are responsible for petitioning the Court to terminate the guardianship and obtaining your discharge as guardian. Even if the guardianship should terminate by operation of law, you will not be discharged from your responsibilities until you have obtained an Order from this Court discharging you. 15.If you have any questions about the meaning of this Order or the duties that it and the statutes impose upon you by reason of your appointment as guardian, you should consult an attorney or petition the Court for instructions. 16.If you are not a licensed fiduciary and are not related by blood or marriage to the ward, you are not entitled to compensation for your services as the ward's guardian and conservator. See A.R.S. § 14- 5651(K)(1). CONSERVATOR(S) 1.Immediately locate, identify, secure and inventory all of the assets of the protected person and make proper arrangements for their protection, such as changing the locks on the house, renting a safe deposit box for important documents, etc. 2.Immediately begin to take title to all of the protected person's property. The property should be titled in the name of the conservatorship: “(Your name), as Conservator(s) of the estate of (protected person's name)” or “(protected person's name), by (your name), Conservator.” In titling the Effective January 1, 2017Page 3 of 8AOC PBPAFORM4F Revised November 9, 2016 Case Number: protected person’s property, you should take into account the protected person’s existing estate plan (if the protected person has one) unless the Court orders you to do otherwise. If you have any questions as to how you should title an asset (including whether you should maintain an existing, or establish a new account that has a POD (payable on death) beneficiary designation or a trust account), you should consult with a qualified attorney or request instructions from the Court. 3.If the Court has ordered you to place funds in a restricted account, you must immediately file a receipt from the bank or financial institution showing that you have deposited the money in an account that the bank has restricted in accordance with the Court Order. The receipt should include the name and address of the financial institution, the type of account, the account number, and the amount deposited. 4.Record certified copies of your Letters of Appointment as conservator with the County Recorder in each county in Arizona where the protected person owns property in order to protect title to those properties. If the protected person owns property in another state, record the Letters in the county in that state in which the property is located as well. 5.File your formal inventory with the Court no more than 90 days after your Letters of Appointment as conservator, whether temporary or permanent, were first issued. If you are filing it without an attorney, be sure to put the case name and number on all papers you file with the Court. 6.Keep detailed records of all receipts and expenditures you make on behalf of the protected person, including bills, receipts, bank statements, tax returns, bills of sale, promissory notes, etc. Open a separate conservatorship checking account for deposit of your protected person's income and other receipts and payment of all bills and expenses. Avoid dealing in cash and do not write checks to “cash.” 7.Unless otherwise ordered by the Court, you must establish and file a budget, pay the protected person's debts when they become due, and properly invest the protected person's assets. You may hire accountants, attorneys, and other advisors to help you carry out your duties as the size and the extent of the conservatorship estate may dictate. 8.Keep detailed records of the time you are spending in identifying, managing and protecting the conservatorship estate in case you later decide to ask the Court to be paid for your time from the conservatorship estate. 9.File annual accounts with the Court. a.Unless otherwise ordered by the Court, your first account must reflect all activity relating to the conservatorship from the date your Letters of Appointment as conservator, whether temporary or permanent, were first issued through and including the last day of the ninth month after the date your Letters of Appointment as permanent conservator were issued and must be filed with the Court on or before the first anniversary date of the issuance of your Letters of Appointment as permanent conservator. b.Unless otherwise ordered by the Court, all subsequent accounts shall reflect all activity relating to the conservatorship estate from the ending date of the most recent previously filed account Effective January 1, 2017Page 4 of 8AOC PBPAFORM4F Revised November 9, 2016 Case Number: through and including the last date of the twelfth month thereafter and must be filed with the Court on or before the anniversary date of the issuance of your Letters of Appointment as permanent conservator. c.Each account must list all conservatorship property at the beginning of the account reporting period and the conservatorship property at the end of the account reporting period, and must describe all money and property received or disbursed by you during the account reporting period. As to money and property received, you must provide the date of each receipt, the source of the receipt, the purpose of the receipt, and the amount of the receipt. As to money and property disbursed, you must provide the date of each disbursement, the payee/distributee, the purpose of the disbursement, and the amount of the disbursement. With each account, you also must submit a bank statement or financial account statement that supports the ending balances of each account shown on the account. 10.NEVER use any of the protected person's money or property for any reason other than the protected person's direct benefit. You may not profit in any way from access to the protected person's assets. You have a legal duty of fairness and impartiality to the protected person. Neither you, your friends, nor other family members may profit by dealing in the assets of the conservatorship estate. You must be cautious and prudent in investing the protected person's assets. 11.You must make reasonable efforts to determine the preferences of the protected person, both past or current, regarding all decisions the fiduciary is empowered to make. You must not make speculative investments. Do not purchase merchandise or services that the protected person would have considered extravagant or inappropriate for his/her lifestyle prior to your appointment. Use the assets to maintain the safety, health and comfort of the protected person, bearing in mind that the protected person may have no additional sources of income for the remainder of his/her life. 12.The conservatorship terminates only upon the entry of a Court Order terminating the conservatorship. The Court will enter such an Order only after you, the protected person, or another interested person files a petition requesting that the conservatorship be terminated. The petition should be filed if the protected person no longer needs a conservator (either because the protected person's disability has ceased or because the conservatorship estate has been exhausted) or after the protected person dies. Unless otherwise ordered by the Court or unless, in the case of the protected person's death, you comply with A.R.S. § 14-5419(F), you will need to file a final account with the Court before you can be discharged of liability in connection with the conservatorship and before your bond is exonerated. 13.If you have any questions as to your duties as a conservator, contact an attorney who handles conservatorships before taking any action. 14.Within thirty (30) days after your Letters of Appointment as guardian and conservator are issued, you must mail a copy of this Order to Guardian and Conservator and Acknowledgement and Information to Interested Persons to the following: a.your ward/protected person if your ward/protected person is at least 14 years of age; b.your ward/protected person’s attorney, spouse, parents, and adult children; and Effective January 1, 2017Page 5 of 8AOC PBPAFORM4F Revised November 9, 2016 Case Number: c.any person who has filed a demand for notice in connection with this matter. Effective January 1, 2017Page 6 of 8AOC PBPAFORM4F Revised November 9, 2016 Case Number: GUARDIAN(S) AND CONSERVATOR(S): If you should be unable to continue with your duties for any reason, you (or your guardian or conservator, if any) must petition the Court to accept your resignation and appoint a successor. If you should die, your personal representative or someone acting on your behalf must advise the Court and petition for the appointment of a successor. This is an outline of only some of your duties as guardian and conservator. It is your responsibility to obtain proper legal advice about your duties. Failure to do so may result in personal financial liability for any losses. WARNING: FAILURE TO OBEY THE ORDERS OF THIS COURT AND THE STATUTORY PROVISIONS RELATING TO GUARDIANS AND CONSERVATORS MAY RESULT IN YOUR REMOVAL FROM OFFICE AND OTHER PENALTIES. IN SOME CIRCUMSTANCES, YOU MAY BE HELD IN CONTEMPT OF COURT, AND YOUR CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL, A FINE, OR BOTH. This Order shall be effective on __________________________, [ ] the minor’s eighteenth (18 th ) birthday. DATED this ___ day of ______________, 20 ___. _____________________________________________ Judicial Officer’s Signature _____________________________________________ Judicial Officer’s Name (Type or Print Name) _____________________________________________ Judge/Commissioner - Judge Pro Tem Superior Court of Arizona in ______________ County Effective January 1, 2017Page 7 of 8AOC PBPAFORM4F Revised November 9, 2016 Case Number: ACKNOWLEDGEMENT I (We), the undersigned acknowledge receiving a copy of this Order and agree to be bound by its provisions, whether or not read before signing, as long as serving as guardian and conservator. Guardian/Conservator's SignatureDate Guardian/Conservator's Name -- (Type or Print Name) Co-Guardian/Conservator's Signature (if any)Date Co-Guardian/Conservator's Name -- (Type or Print Name) Effective January 1, 2017Page 8 of 8AOC PBPAFORM4F Revised November 9, 2016