Short answer
No. In Arizona, being appointed a guardian of the person does not automatically give you authority over the ward’s money or other property. Control of the ward’s estate (money, real estate, bank accounts, investments) generally requires a separate appointment as conservator by the probate court. The guardianship and conservatorship roles are distinct and carry different duties and court requirements under Arizona law.
Detailed answer — how Arizona law treats person vs. estate
Arizona divides care for an incapacitated adult into two primary roles: the guardian of the person (responsible for personal decisions such as living arrangements, medical care, and daily needs) and the conservator (responsible for managing the person’s assets and financial affairs). These roles originate in Arizona’s probate statutes governing guardianship and conservatorship (Title 14, Probate).
The probate court may appoint the same individual to both roles when it is in the ward’s best interest, but the court must make each appointment separately and enter separate letters of appointment or orders defining the scope of authority. In practice, you will usually see separate pleadings, findings, and orders for each appointment, and different statutory duties and reporting requirements apply to each office.
Key practical differences:
- Guardian of the person: Makes personal and health-care decisions, arranges living situations, and protects the ward’s physical well‑being. The guardian follows court orders and acts in the ward’s best interest.
- Conservator (guardian of the estate): Collects, protects, manages, and disburses the ward’s assets. The conservator usually must file inventories, obtain court approval for certain transactions, post a bond (unless waived), and file periodic accountings with the court.
For those statutes and procedural rules, see Arizona Revised Statutes, Title 14 (Probate: Guardianship & Conservatorship): https://www.azleg.gov/arsDetail/?title=14. The Arizona Judicial Branch also provides practical information and forms for guardians and conservators: https://www.azcourts.gov/selfhelp/Guardianship-Conservatorship.
Typical court requirements for a conservator (estate)
- Filing a petition for conservatorship (different from a petition for guardianship of the person).
- Providing notice to interested parties and to the alleged incapacitated person.
- Possible appointment of an attorney or guardian ad litem to represent the alleged incapacitated person.
- Filing an inventory of assets and later periodic accountings to the court.
- Posting a bond unless the court waives it (bond protects the ward’s assets).
The court’s separate findings typically explain why the appointment of each role is necessary. Even if the same person serves in both capacities, they remain subject to the distinct legal duties and recordkeeping duties of each office.
What this means for someone appointed only as guardian of the person
- You cannot legally sign contracts, sell property, transfer bank funds, or manage investments for the ward unless the court also appoints you conservator or the ward has a valid, prior power of attorney that covers the relevant matters and is still effective.
- If financial action is urgent, the guardian should petition the court for conservatorship or for limited authority over a specific asset or transaction, explaining the emergency and why a conservator is necessary.
- Acting outside your authority risks removal, liability to the ward, and court-ordered restitution for improper transactions.
Example (hypothetical)
Maria is appointed guardian of her father’s person after the court finds he cannot care for himself. The court did not appoint her conservator. When Maria discovers unpaid bills and the father’s home needs repairs, she asks whether she can use his bank account to pay for repairs. Because she is only guardian of the person, she must ask the court to appoint her conservator or request limited court authorization before using the father’s funds. If the court later appoints her conservator, she must file an inventory and follow accounting rules for expenditures.
Helpful hints
- Before taking any step that affects a ward’s money, confirm whether the court appointed a conservator or whether a valid power of attorney exists.
- Review Title 14 of the Arizona Revised Statutes for the legal framework: Arizona Revised Statutes, Title 14.
- Visit the Arizona Judicial Branch guardianship and conservatorship page for forms and procedural guidance: https://www.azcourts.gov/selfhelp/Guardianship-Conservatorship.
- Expect to file inventories and accountings if you become conservator. Courts often require bonds, unless there is a good reason to waive them.
- If finances are complex (real estate, investments, business interests), consider asking the court to appoint a professional conservator or co-conservator, or consult an attorney experienced in Arizona probate.
- Keep detailed records and receipts for all activities involving the ward’s property. Courts scrutinize conservators’ financial actions.
- If immediate access to funds is required for the ward’s health or safety, file an emergency or limited petition with the probate court explaining the need; the court can grant narrow, temporary authority in urgent situations.
Disclaimer: I am not a lawyer and this article is for general information only. This is not legal advice. Laws change and courts apply statutes to specific facts. For advice tailored to your situation, consult a licensed Arizona attorney who handles guardianship and conservatorship matters.