Order To Guardian And Conservator For An Adult 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.

Order To Guardian And Conservator For An Adult 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 Order To Guardian And Conservator For An Adult 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 Order To Guardian And Conservator For An Adult 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 pbgca80fz - Order To Guardian And Conservator For An Adult 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 pbgca80fz, 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 pbgca80fz 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 pbgca80fz 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 Order To Guardian And Conservator For An Adult 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 pbgca80fz 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 pbgca80fz, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order To Guardian And Conservator For An Adult 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 pbgca80fz - Order To Guardian And Conservator For An Adult 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.

Order To Guardian And Conservator For An Adult 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 pbgca80fz - Order To Guardian And Conservator For An Adult 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.

©Superior Court of Arizona in Maricopa County Page 1 of 7 PBGCA80f-030722 ALL RIGHTS RESERVED GCP Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number: Licensed Fiduciary Number: Representing Self, without a Lawyer OR Attorney for SUPERIOR COURT OF ARIZONA IN ____________ COUNTY In the Matter of the Guardianship and Case Number: Conservatorship of ORDER TO GUARDIAN AND CONSERVATOR OF AN ADULT Ward and Protected Person’s Name (Assigned Judicial Officer) Warning: Your appointment is not effective until the Clerk of Superior Court has issued your Letters of Appointment. You have asked the co urt to appoint you as the guardian of your “ward” and the conservator for your “protected person,” referred to in this order as the “subject person.” While you serve as the guardian and conservator, you will be under this court’s authority and supervision, and the court will continue to monitor the subject person’s welfare and best interests. This o rder generally explains your duties to the subject person and to this court. You may have additional duties imposed by statutes, rules, or the court. By separate order, the court may modify or excuse you from performing a specific duty described below. For Clerk’s Use Only Case Number: ©Superior Court of Arizona in Maricopa County Page 2 of 7 PBGCA80f-030722 ALL RIGHTS RESERVED GCP YOUR POWERS AND DUTIES AS GUARDIAN: 1G. General Powers and Duties. You have powers and responsibilities like those of a parent of a minor child. A.R.S. § 14-5312(A). However, you are not legally obligated to contribute your own funds to support the subject person. Your responsibilities include, but are not limited to, making appropriate arrangements for the subject person’s basic needs, such as food, clothing, and housing. A.R.S. § 14-5312(A)(1)-(2). You are responsible for making decisions concerning the subject person’s educational, and social activities. A.R.S. § 14-5312(A)(2). You must consider the subject person’s preferences to the extent they are known to you or that you can determine with a reasonable inquiry. A.R.S. § 14-5312(A)(11). 2G. Contact Between Subject Person and Others. You must encourage and allow contact between the subject person and other persons who have a significant relationship with the subject person. A.R.S. § 14-5316(A). In exercising this duty, you must consider the subject person’s wishes and whether the subject person has sufficient mental capacity to make the decision in question. A.R.S. § 14-5316(C). However, unless the court orders otherwise, you may limit, restrict, or prohibit contact between the subject person and another person if you reasonably believe that the contact will be detrimental to the subject person’s health, safety, or welfare. A.R.S. § 14-5316(B). 3G. Health Care Decisions for Subject Person. You are responsible for making decisions concerning the subject person's medical needs. A.R.S. § 14-5312(A)(3) and (9). Such decisions include, but are not limited to, choosing doctors, nurses, or other professionals to provide for the subject person’s health care needs, and placing the subject person in a health care facility, including a residential care facility. However, you must use the least restrictive residential care setting that is available for meeting the subject person’s needs. A.R.S. § 14-5312(A)(8). You may arrange for medical care for the subject person even if the subject person does not wish to have it. 4G. Psychiatric and Psychological Treatment for Subject Person. You may give consent to outpatient psychiatric and psychological treatment, including the administration of psychotropic medication. However, you may not place the subject person in an inpatient psychiatric facility without the subject person’s consent, unless the court has specifically authorized you to do so. A.R.S. § 14-5312.01(A) and (B). 5G. Notify Family Members of Subject Person’s Hospitalization. You must notify the subject person’s family members as soon as practicable if the subject person is admitted to a hospital for more than 3 days, or if the subject person dies. A.R.S. § 14-5317(A). 6G. Do Not Accept “Kickbacks.” You must not accept any compensation for placing the subject person in a particular nursing home or other care facility, using a certain doctor, or using a certain attorney. “Compensation” includes, but is not limited to, direct or indirect payment of money, “kickbacks,” gifts, favors, or other items of value. Case Number: ©Superior Court of Arizona in Maricopa County Page 3 of 7 PBGCA80f-030722 ALL RIGHTS RESERVED GCP 7G. File Annual Reports. You are required to file a written report with the court annually concerning the subject person’s residence, physical and mental health, and whether the guardianship should be continued. A.R.S. § 14-5315(A). Your report is due each year no later than 60 days after the anniversary date of the issuance of your letters of permanent appointment, or on a date established by the court. Ariz. R. Prob. P. 46(a). 8G. Change of Subject Person’s Contact Information. If the subject person’s contact information changes, you must file Form 14, Notice of Change of Ward’s Contact Information, within 3 court days after learning of such change. Ariz. R. Prob. P. 13(c)(1)(B). If the subject person dies, you must notify the court in writing no later than 14 calendar days after learning of the death. Ariz. R. Prob. P. 40(c). 9G. Termination of Subject Person’s Incapacity. You must always be mindful of the subject person’s needs and best interests. 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. A.R.S. § 14-5312(A)(7). Even if the guardianship terminates, you will not be discharged from your responsibilities until you have obtained a court order discharging you. A.R.S. § 14-5306. YOUR POWERS AND DUTIES AS CONSERVATOR: 1C. General Duty to Gather and Manage Subject Person’s Assets. You must immediately locate, identify, secure, and inventory all of the subject person’s assets, and make reasonable arrangements to protect those assets. See A.R.S. § 14-5417 (stating that a conservator must act as a fiduciary and observe the standard of care applicable to trustees). 2C. Titling of Subject Person’s Assets. You must immediately change the title of any financial accounts, vehicles, and other titled assets owned by the subject person. The property should be titled in the name of the conservatorship: “(Your name), as Conservator(s) of the estate of (subject person’s name)” or “(subject person’s name), by (your name), Conservator.” You should consider consulting with an attorney or petitioning the court for instructions if the subject person owns the property with another person, or if the subject person arranged for payment or transfer of benefits or interest in the property to another person at the subject person’s death, such as a TOD, POD, or joint tenancy designation. See A.R.S. § 14-5417 (stating that a conservator must act as a fiduciary and observe the standard of care applicable to trustees); A.R.S. § 14-5427 (requiring conservator to take into account the protected person’s estate plan). 3C. Restricted Assets. If the court has entered an order restricting an account, you must file Form 10, Proof of Restricted Account from Financial Institution, no later than 30 days after the court’s order, or as otherwise ordered by the court. Ariz. R. Prob. P. 36(b)(2). Form 10 must be signed by an authorized representative of the financial institution. Case Number: ©Superior Court of Arizona in Maricopa County Page 4 of 7 PBGCA80f-030722 ALL RIGHTS RESERVED GCP 4C. Recording of Letters of Appointment. No later than 10 court days after issuance of your letters of appointment, you must record a certified copy of those letters with the county recorder in every county of any state where the subject person owns real property. No later than 45 calendar days after a county recorder has recorded those letters, you must file a copy of the recorded letters with the court. Ariz. R. Prob. P. 39(g). 5C. Inventory, Consumer Credit Report, and Initial Budget. No later than 90 days after the date your temporary or permanent letters of appointment were first issued, you must file an inventory, a consumer credit report for the subject person, and an initial budget. A.R.S. § 14-5418(A); Ariz. R. Prob. P. 45(c)(1), (c)(3), and (d)(1). No specific form is required for the inventory; however, the inventory must list, with reasonable detail, all the property owned by the subject person on the date your letters were first issued and state the fair market value of each asset as of that date. A.R.S. § 14-5418(A); Ariz. R. Prob. P. 45(c)(2). You must use Form 5 for the initial budget. Ariz. R. Prob. P. 45(d)(2). 6C. Pay Valid Claims and Expenses; Maintain Records. You must pay the subject person’s debts when they become due. Keep detailed records of all money you receive for the subject person and all expenses you pay on the subject person’s behalf, including bills and invoices, payment receipts, bank statements, tax returns, bills of sale, promissory notes, etc. Do not deposit the subject person’s funds into your own account, and do not pay the subject person’s bills from your account. Instead, maintain the subject person’s funds in one or more separate accounts that are distinct from your own and that are titled either “[your name], Conservator for [subject person’s name]” or “[subject person’s name], by [your name], Conservator.” Avoid dealing in cash and do not write checks to “cash.” See A.R.S. § 14-5417 (stating that a conservator must act as a fiduciary and observe the standard of care applicable to trustees); A.R.S. § 14-5428 (setting forth conservator’s duty to pay all just claims against the protected person’s estate). 7C. Annual Accounts and Budgets. You must file annual accounts with the court as follows: (a) using Form 6, you must file your first account and an annual budget as conservator on or before the first anniversary date of the issuance of your letters of appointment as permanent conservator; (b) on or before all subsequent anniversary dates of the issuance of your letters of appointment as permanent conservator, you must file your account and annual budget as conservator using Form 7; and (c) no later than 90 days after your appointment as conservator ends, you must file a final account using Form 8. A.R.S. § 14-5419(A); Ariz. R. Prob. P. 45(d), (e). 8C. Amended Budgets. You must file an amended budget no later than 30 days after Case Number: ©Superior Court of Arizona in Maricopa County Page 5 of 7 PBGCA80f-030722 ALL RIGHTS RESERVED GCP reasonably projecting that the expenditure for any specific category in your most recently filed budget will exceed the threshold stated in Form 5. Ariz. R. Prob. P. 45(d)(3). 9C. Investment of Subject Person’s Assets. You must properly invest the subject person’s assets. You may hire accountants, attorneys, and other advisors to help you carry out your duties as the size and the complexity of the conservatorship estate may require. See A.R.S. § 14-5417 (stating that a conservator must act as a fiduciary and observe the standard of care applicable to trustees). 10C. Duty of Undivided Loyalty. You have a duty of undivided loyalty to the subject person. You must use the subject person’s money and property only for the subject person’s benefit. Neither you, your friends, nor any other family members may profit by dealing in the assets of the conservatorship estate. You must be prudent in investing and managing the subject person’s assets. See A.R.S. § 14-5417 (stating that a conservator must act as a fiduciary and observe the standard of care applicable to trustees). 11C. Use of Subject Person’s Assets. You must make reasonable efforts to determine the subject person’s preferences regarding all decisions you are empowered to make as conservator. Do not purchase merchandise or services that the subject person would have considered extravagant or inappropriate before your appointment. See A.R.S. § 14- 5425(A)(2)(b). Use the assets to maintain the safety, health, and comfort of the subject person, bearing in mind the totality of the subject person’s income and assets. A.R.S. § 14-5425(A)(2)(a). When investing and managing the subject person’s property, you must consider the subject person’s estate plan, if any, and petition the court for instructions if you have any questions regarding this obligation. A.R.S. § 14-5427. 12C. Termination of the Conservatorship. The conservatorship terminates only upon the entry of a court order terminating the conservatorship. The court will enter such an order only after either you or the subject person, or another interested person, files a petition requesting that the conservatorship be terminated. The petition should be filed if the subject person no longer needs a conservator (because the subject person’s disability has ceased or because the conservatorship estate has been exhausted) or after the subject person dies. A.R.S. § 14-5430. Unless otherwise ordered by the court or unless, in the case of the subject 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, if any, is exonerated. A.R.S. § 14-5419(A). GENERAL INFORMATION: 1. Certified Copy of Letters of Appointment. You will need to obtain a certified copy of the Letters of Appointment that the Clerk of Superior Court will issue to you. The certified copy is proof of your authority to act on behalf of the subject person. You may need to Case Number: ©Superior Court of Arizona in Maricopa County Page 6 of 7 PBGCA80f-030722 ALL RIGHTS RESERVED GCP obtain additional (or updated) certified copies from time to time for delivery to, or inspection by, the people with whom you are dealing. 2. Change of Your Contact Information. If your contact information changes during your appointment, you must file Form 13, Notice of Change of Fiduciary’s Contact Information, within 10 court days after such a change occurs. Ariz. R. Prob. P. 13(c)(1)(A). 3. Compensation for Services as Guardian and Conservator. If you are a licensed fiduciary or are related by blood or marriage to the subject person, you may be entitled to compensation for your services as the subject person’s guardian and conservator. A.R.S. §§ 14-5314(A), 14-5414(A), and 14-5651. If you wish to be compensated for your services as guardian and conservator, you must file with the court a statement that explains how you will be compensated, including any hourly rate you intend to charge, and you must file an updated statement at least 30 days before you change the basis for your compensation, including your hourly rate. A.R.S. § 14-5109(A) and (B). In addition, you should keep detailed records of the time you spend performing your duties. The time records should include the date you perform each task, a description of the task, the amount of time you spent on the task, and the hourly rate you are charging for that task. Read Rule 33, Arizona Rules of Probate Procedure, and Arizona Code of Judicial Administration § 3-303 for more information about compensation for guardian and conservator services. 4. Mail Notice of this Order. Within 10 court days after entry of this Order to Guardian and Conservator of an Adult, you must mail a copy of this order to every party in this case (or if a party is represented, that party’s attorney) and to any person who has filed a demand for notice. 5. Inability to Serve as Guardian and Conservator. If you become unable to continue with your duties for any reason, you (or your own guardian or conservator, if you have one) 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 inform the court of your death and petition for the appointment of a successor. 6. Legal Advice. You are responsible for obtaining proper legal advice about your duties. Failure to do so may result in personal financial liability for any losses. If you have any questions about the meaning of this order or the duties that the court’s orders, statutes, and rules impose upon you by reason of your appointment as guardian and conservator, you should consult an attorney or petition the court for instructions. 7. Forms. The forms referred to in this order are available at https://www.azcourts.gov/probate . Case Number: ©Superior Court of Arizona in Maricopa County Page 7 of 7 PBGCA80f-030722 ALL RIGHTS RESERVED GCP Warning: Failure to obey this order, the other orders of this court, or the statutory provisions or rules relating to guardians and conservators may result in your removal as guardian and conservator 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. Ariz. R. Prob. P. 48. DATED this day of , 20 . Judicial Officer’s Signature Judicial Officer’s Name (Type or Print Name) ACKNOWLEDGEMENT I (We), the undersigned, agree to be bound by the provisions of this order, as long as I (we) continue to serve as guardian and conservator. Date Guardian/Conservator Signature Guardian/Conservator Name (Type or Print Name) Date Co-Guardian/Conservator Signature Co-Guardian/Conservator Name (Type or Print Name)