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Rule 36. Order Appointing Guardian, Conservator, Personal Representative, or Special Administra...

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part VI. Rules that Apply to Guardianships, Conservatorships, and Decedents' Estates
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 36
Formerly cited as AZ ST PROB Rule 22
Rule 36. Order Appointing Guardian, Conservator, Personal Representative, or Special Administrator
(a) Orders.
(1) Required Warning. Every order appointing a guardian, conservator, personal representative, or special administrator must include the following language: “Warning: This appointment is not effective until the clerk of the superior court issues the letters of appointment.”
(2) Guardianship Finding. Every order appointing a guardian must include a specific finding as to whether the guardian's appointment is due solely to the ward's physical incapacity.
(3) Bond Amount. Any order requiring a bond must state the bond amount. Letters of appointment will not issue until the bond has been filed.
(b) Restrictions on Authority.
(1) Generally. Every order appointing a guardian, conservator, personal representative, or special administrator, or that authorizes a single transaction or other protective arrangement, must state any restrictions on the fiduciary's powers.
(2) Proof of Restricted Account. Unless the court orders otherwise, the fiduciary is responsible for ensuring that Form 10, proof of any restricted account, is filed not later than 30 days after the court enters an order restricting the account.
(3) Attorney Responsibilities. Unless the court orders otherwise, an attorney who receives any proceeds to be restricted for the benefit of a minor, incapacitated person, or protected person must ensure that the restricted account is established and properly titled, and that the funds are deposited into the restricted account. The court also may order that other parties or attorneys ensure that the restrictions are properly implemented and that a proof of restricted account is filed.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended Dec. 12, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 36, AZ ST PROB Rule 36
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document