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

Part VII. Rules that Apply Only to Guardianships and Conservatorships

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. § 14-5701;

(g) an order under Civil Rule 70; or

(h) other appropriate orders.

Amendment history: Added Aug. 29, 2019, effective Jan. 1, 2020.