Guardianship (Protective Proceedings)

Conservatorships Attorney Serving Chandler & Phoenix

The goal of a conservatorship is to make sure that your loved one is not being taken advantage of or making poor financial decisions. A conservatorship can be a stressful and taxing situation to go through with your loved one and others. Our legal team is available to help you navigate this process and get the best end result possible.

If you need help with a conservatorship for a loved one, then our legal team is ready to help. When working with our law firm, you will have an experienced legal team who have over 80+ years of combined probate and estate planning experience. Our team takes pride in taking the stress off of your shoulders and putting it on ours. We offer free consultations to help you determine what your next steps need to be.

Adult Conservatorships & Minor Conservatorships

A conservatorship is when the court appoints an individual to act on behalf of a person who can not handle their own financial affairs. There are conservatorships specifically for adults and minors respectively.

Adult Conservatorship: The court can appoint a conservator or enter other protective orders regarding the estate and affairs of an adult person if the court specifically finds that the person is unable to manage his or her estate and affairs effectively for reasons such as mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance; and that the person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.

Minor (Child) Conservatorship: The court can appoint a conservator or enter other protective orders regarding the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection that cannot otherwise be provided or has or may have affairs that may be jeopardized or prevented by minority or that funds are needed for the minor’s support and education and that protection is necessary or desirable to obtain or provide funds. Examples of this would be a child who is a statutory beneficiary in a wrongful death action, has inherited assets from someone, is entitled to receive life insurance proceeds, was injured at birth due to medical malpractice and will be receiving money which may jeopardize governmental benefits, or has a conservator who appears to be misusing my child’s funds.

The Estate Administration Process

1. Initial Meeting

We offer a free 20-minute initial phone consultation to obtain pertinent facts about your case and determine if it is a matter we can assist with. When preparing for an initial phone consultation regarding estate administration, it's helpful to have all the necessary information ready. This includes your relationship to the deceased, the names of any living and deceased relatives, and a copy of the will, if one exists.

2. Opening Probate

Based on the information you give us, we will determine how best to proceed with your case. If the facts of your case necessitate the filing of a petition or an application with the probate court, and you engage our firm, we will prepare and file that document on your behalf. If the Estate can be administered without the filing of a petition, we will prepare and file the necessary documentation with the court.

3. Appointment of Personal Representative

After we file the petition, or an application, the Court will determine whether it is appropriate to appoint you (or the person you nominate) as the Personal Representative. If the requested appointment is made, we will move forward to guide the Personal Representative through the steps necessary to administer the Estate.

4. Legal Notice

With your assistance, we will compile a list of all interested parties, including the Decedent’s heirs and creditors, and provide notice as required by law.

5. Inventorying Assets

We will provide guidance to help the Personal Representative identify and inventory all assets of the estate. This includes real estate, bank accounts, investments, personal property, and any other assets owned by the Decedent.

6. Paying Debts and Taxes

After legal notice has been perfected and the Estate assets have been inventoried, we will help you allocate estate funds toward any outstanding debts of the Decedent, including expenses of administration, statutory allowances, funeral expenses, medical bills, creditors, and any taxes owed.

7. Distributing Assets to Beneficiaries

After expenses of administration, debts and taxes are paid, the remaining assets of the estate can be distributed to the beneficiaries according to the Decedent's will or Arizona’s intestacy laws if there is no will. If there are disagreements among beneficiaries and heirs, we will work with the Personal Representative to resolve those agreements, if possible.

8. Closing Probate

After all steps of the administration have been completed, we will file documentation to close the case. This typically involves filing documents confirming all necessary steps of administration have been completed, and providing notice to appropriate parties that the estate has been closed.

Legal Disclaimer:

The information provided on this website is for general informational purposes only and is not intended to be legal advice. While we strive to ensure the accuracy and relevance of the content, it should not be relied upon as a substitute for professional legal advice. Each legal matter is unique, and the specific facts of any particular case will impact the overall legal procedure and the advice required. Therefore, we recommend that you consult with a qualified legal professional to obtain advice tailored to your individual circumstances.

Differences Between Conservatorships & Guardianships

Conservatorships and Guardianships are similar, but control different aspects of a person’s life. Conservatorships focus solely on the assets and finances of the individual in discussion. Guardianships focus more on the person’s healthcare and personal needs.

Conservatorships and Guardianships are so closely related that there are times where a person may need both a conservator and a guardian at the same time. The Conservator and Guardian can even be the same person. It is important to understand that there is not a one size fits all solution when approaching a conservatorship or a guardianship. Each individual's situation needs to be evaluated by experienced attorneys to make sure all bases are covered and the best game plan can be put in place.

Nothing but calming, compassionate, informative, and helpful through the probate process. We are now updating our estate plan and continue to receive their attentiveness and professionalism.

Terry Dobbs

Golden Rule gave us excellent service for an excellent price. Mr. Decker and Justin were knowledgeable and friendly and I'm very glad we went to them.

James Harpole

These lawyers live by the motto of their firm. Their kindness and generosity of spirit gives lawyers the good name that all should strive for.

Tanner Tanner

Attorneys Woods & Decker were professional and compassionate. We were grateful for their quick response and ability to meet with us on short notice. They listened carefully and provided us with sound counsel. We highly recommend their services!

Don Priem

Why Clients Choose Us

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Contact An Experienced Conservatorship Attorney

At the Golden Rule Law Group®, our team is dedicated to helping and representing you. You will have an experienced legal team who have over 80+ years of combined probate and estate planning experience. Our team takes pride in taking the stress off of your shoulders and putting it on ours.

Our firm primarily serves the areas of Chandler, Gilbert, Phoenix and other areas around Maricopa County. If you are in need of an experienced probate attorney in Arizona, please contact us today to schedule your free case evaluation.

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Address:
‍601 N Alma School Rd, Chandler, AZ 85224

Phone:
‍(480) 908-9051

Hours:
9am - 5pm

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