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Rule 48. Remedies for Non-Compliance by a Guardian or Conservator

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

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part VII. Rules that Apply Only to Guardianships and Conservatorships
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 48
Formerly cited as AZ ST PROB Rule 15.2(C)
Rule 48. Remedies for Non-Compliance by a Guardian or Conservator
If a guardian or conservator fails to comply with requirements of A.R.S. Title 14, court rules, or a court order, the court may enter any order, including
(a) an order directing the guardian or conservator to comply by a specified deadline;
(b) an order requiring the guardian or conservator to show cause why the court should not take appropriate action;
(c) an order appointing a person to investigate the reasons for the guardian's or conservator's non-compliance and to report to the court regarding the investigator's findings and proposed recommendations;
(d) an order immediately suspending or terminating the guardian's or conservator's authority to take any further action on behalf of the subject person and appointing a successor or temporary guardian or conservator;
(e) an order terminating the guardianship or conservatorship proceeding if the court determines that dismissal is appropriate, but the court must not terminate a guardianship or conservatorship if the subject person resides in Arizona and remains incapacitated or in need of protection;
(f) an order initiating proceedings that may result in issuance of a fiduciary arrest warrant under A.R.S. ยง 14-5701;
(g) an order under Civil Rule 70; or
(h) other appropriate orders.


Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 48, AZ ST PROB Rule 48
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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