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Advocating For Your Interests. Preserving Your Legacy.

Have you been asked to take on the role of conservator?

Your aunt is about to celebrate her 80 birthday--and the day after, she might have no recollection of it. Her daughter Sally, your cousin, thinks it is time to consider a guardianship for her mom.

Sally is willing to take on that task, but since you are a successful business person, she wants you to consider becoming conservator for your aunt.

Prompted to do more

Your aunt was in the hospital a few months ago; she was having trouble walking and had a successful hip replacement. It was then that Sally realized there were no healthcare power of attorney or directives in place for her mother. She made a mental note to correct that, but with three school-age children and a husband who requires her help as a part-time receptionist at his real estate business, Sally has a full life of her own. It was only recently, when she found that her mother was having memory issues, that the idea of guardianship came up.

Guardian versus conservator

As guardian for her mother, Sally would be in charge of her well-being. This would include daily personal care along with any medical needs she might have, and Sally would be required to give an annual accounting to the court. Meanwhile, your job as conservator would be to handle your aunt's finances, and the first step would be to petition the court for your appointment. There would be a hearing, and you would probably have to post a bond equal to the value of your aunt's assets and annual income. The state of Arizona makes training as a conservator mandatory. Once you are appointed, you will be required to give annual accountings to the court. If the assets should start to dwindle, you must present a plan to show how you intend to deal with your aunt's potential insolvency.

Seeking guidance

The duties involved with managing your aunt's finances may seem daunting at first, but you would not have to take on this responsibility alone. A family law attorney is experienced with conservatorships, and you can reach out for guidance. With you as conservator and Sally as guardian, your aunt is sure to be able to feel secure and well-cared for.

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ANDERSEN PLLC
17015 N. Scottsdale Road, Suite 225
Scottsdale, AZ 85255

Phone: 480-900-3539
Fax: 480-265-9101
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