Arizona Conservatorship vs Guardianship

Why Arizona Separates the Two Roles

Arizona law draws a hard line between decisions about a person's body and decisions about a person's money. A guardian manages the personal side — medical care, housing, daily routines. A conservator manages the financial side — bank accounts, real estate, non-benefit income and assets. The two roles are established through separate petitions under different statutes, and one appointment does not automatically include the other.

This distinction matters because many families petition for a full guardianship assuming it covers everything, only to discover at the bank that their Letters of Guardianship carry no financial authority. Understanding the boundary before you file saves both time and a second round of court fees.

What a Guardian Can and Cannot Do

Under A.R.S. § 14-5312, a guardian makes personal and medical decisions for the ward. That includes consenting to surgery, choosing a residential placement, and enrolling the ward in day programs or vocational training.

There is one financial exception built into the statute: a guardian may manage up to $10,000 per year of the ward's funds without a separate conservatorship. If the ward's non-benefit income or assets exceed that threshold, the guardian has no legal authority over the excess. A conservatorship is required.

What a guardian expressly cannot do:

• Sell, lease, or mortgage the ward's real property
• Manage investment accounts, retirement funds, or trust distributions
• Admit the ward to an inpatient psychiatric facility (this requires a separate mental health guardianship or specific court findings under Title 36)
• Execute or amend a will or trust on the ward's behalf

What a Conservator Can and Cannot Do

Under A.R.S. § 14-5401, a conservator manages the ward's financial estate. The conservator collects income, pays bills, manages investments, files tax returns, and handles real property transactions — all under ongoing court supervision.

What a conservator expressly cannot do:

• Make medical decisions or consent to treatment
• Choose the ward's residence or living arrangements
• Make educational or vocational decisions
• Override personal preferences about daily life, relationships, or social participation

The court typically requires the conservator to post a surety bond calculated from the ward's total personal property plus one year of estimated income. Annual financial accountings with supporting bank statements and receipts must be filed with the probate court.

The $10,000 Threshold in Practice

The A.R.S. § 14-5312(A)(3) threshold is where most families encounter the guardian-conservator boundary. A young adult whose only income is SSI generally does not need a conservatorship for that benefit: the SSA's Representative Payee process handles it separately. The $10,000 threshold applies to non-benefit income and assets, such as a personal injury settlement, inheritance, or employment income.

When that happens, the guardian must either petition for a conservatorship or establish a STABLE account to shelter assets without court involvement. For SSI recipients specifically, a Representative Payee appointment through the Social Security Administration handles benefit management without any court order.

When You Need Both Appointments

Some families filing for guardianship of a young adult with disabilities also need a conservatorship. The petitions can be filed simultaneously — Arizona uses a combined petition packet (Form AOCPBGCA11F) that allows you to request guardianship, conservatorship, or both in a single filing. Filing them together saves one round of filing fees and consolidates the hearing.

You likely need both if:

• The ward's non-benefit income or assets exceed $10,000
• The ward owns or will inherit real property
• The ward has or may receive a settlement or insurance payout exceeding $10,000

You likely need only guardianship if:

• The ward's only income is SSI managed through a Representative Payee
• Assets are sheltered in a special needs trust with a professional trustee
• Financial needs are covered by a STABLE account below the $100,000 SSI limit

Alternatives That Bypass Both

Before filing either petition, Arizona law requires the court to verify that less restrictive alternatives have been considered. A durable financial power of attorney can replace a conservatorship entirely if the young adult has the cognitive capacity to sign one. A healthcare power of attorney paired with a supported decision-making agreement can replace a guardianship for many families.

These voluntary instruments cost nothing beyond a notary fee, preserve the young adult's civil rights completely, and avoid the annual reporting burden that comes with court-ordered appointments.

Our Arizona Adult Guardianship & Alternatives Guide walks through the full decision framework — from capacity assessment through the least-restrictive-first analysis — so you can determine exactly which combination of tools fits your family's situation before spending anything on court filings.

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