One of the most common mistakes made by persons who have successfully been appointed guardian or temporary conservator is to fail to have the "incapacitated person" (aka the ward), personally served with the court pleadings upon appointment of a temporary guardian.
A.R.S. § 14-5310(B)(4.) provides, "The petitioner or the petitioner's attorney certifies that that person will give notice of the petition, the order and all filed reports and affidavits to the proposed ward by personal service within the time period the court directs but not in excess of seventy-two hours following entry of the order of appointment."
A.R.S. § 14-5401.01(B)(4) provides a comparable provision for temporary conservatorships.
The Maricopa County Superior Court's website has a useful checklist for persons who have been appointed. Also, just be sure to read the Order that appoints you as the guardian or conservator.
I hope this information is helpful. Paul Deloughery
(You can contact me directly by email at paul@delougherylaw.com or phone at 602-443-4888. For more information, visit www.delougherylaw.com)
The information in this blog is general in nature and is not intended to address any particular situation.
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