Legal Question in Wills and Trusts in Arizona

How would I go about terminating the Conservatorship of a Minor as the ward, who is now 18 years of age?

My father (the conservator) is neglectant to help in any way, shape or form, in terminating the conservatorship. Also claiming that if I file, at the hearing he will see to it that I am branded as "irresponsible" before the judge so I might not be granted access to the restricted account.

However, how much his input will matter to the judge and in the process of releasing the funds is unbeknown to me. Once the ward is the age of 18, how much of his input will matter?

I wish to gain access to this account for college (major in Computer Science, minor in Physics) and to purchase a vehicle-- among other things that I can partition the funds to that are important.

I have not been able to retrieve the information to the restricted account nor do I know how to file the petition ( although I have found the document here, http://www.superiorcourt.maricopa.gov/sscDocs/pdf/pbgcd11f.pdf ).

The case took place in Maricopa County Arizona, and I now reside in Utah not having the funds to travel to Arizona for a hearing, how likely will the judge accept the request of a teleconference hearing?


Asked on 11/22/09, 10:22 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Your father has a legal duty to deliver the conservatorship funds to you upon reaching the age of 18, and his failure to do so, without a legal excuse, may constitute grounds for him to be sanctioned by the probate court and penalized for his negligence or intentional wrongdoing. It sounds like you were already there online, but go again to the self service center of the superior court and you will find instructions and forms for the termination of the conservatorship. It sounds like you will need counsel in AZ to act on your behalf to force your father to pay the money over to you, terminate the conservatorship and get your father to pay your costs and attorneys' fees which you incurred to get the money. You can ask the court to appear telephonically by making the proper motion, but you have to start the proceedings.

If you would like, you can consult with me over the phone, however, I would charge a fee of $250 to get the facts and advise you how to proceed on your own, or what your alternatives might be. You might also retain me to write a "pay up or else" letter to your father, and this might be the best alternative.

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Answered on 11/28/09, 6:45 pm


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