CONSERVATORSHIP

Get a Permanent
Appointment for a Minor
Part 1: Preparing the First Court Papers
(Instruction Packet)

©Superior Court of Arizona in Maricopa County

Packet Last Revised August 2009
ALL RIGHTS RESERVED
PBCM1ic
 SELF-SERVICE CENTER

FOR APPOINTMENT OF A PERMANENT CONSERVATOR

FOR A MINOR

PART 1: Preparing the First Court Papers

(Instructions Only)

This packet contains instructions about preparing the first court papers on a permanent appointment of
a conservator of a minor. The documents are in the following order:

Order File Number Title # pages

1 PBCM1it Table of forms in this packet (this page) 1

2 PBCM10p How to ask the court to appoint a Conservator of a 4

minor

The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa
County. You have permission to use them for any lawful purpose. These forms shall not be
used to engage in the unauthorized practice of law. The Court assumes no responsibility and
accepts no liability for actions taken by users of these documents, including reliance on their
contents. The documents are under continual revision and are current only for the day they
were received. It is strongly recommended that you verify on a regular basis that you have the
most current documents.

©Superior Court of Arizona in Maricopa County PBCM1it

August 11, 2009 Page 1 of 1 Use most current version
ALL RIGHTS RESERVED
 Self-Service Center

PROCEDURES: HOW TO ASK THE COURT TO

APPOINT A CONSERVATOR OF A MINOR
Follow each step carefully. Each step contains certain forms, and some of these forms have extra instruction
sheets to help you. The whole process will take at least a couple of months.

FIRST STEPS:
STEP 1 MAKE SURE YOU NEED TO BE APPOINTED AS CONSERVATOR ONLY
AND NOT AS GUARDIAN, TOO. If you are not sure, the Self-Service Center has
information describing some of the differences between guardianships and conservatorships.
Also refer to the Checklist at the beginning of the forms packet. The Self-Service Center has
three separate packets: one for guardians, one for conservators, and one for both guardians
and conservators.

2 COMPLETE AND COPY THE COURT FORMS IN THIS PACKET: Fill out all
the forms completely and in black ink.
• PROBATE COVER SHEET. Complete everything but the “Case Number”. The case
number will be stamped with a Probate Case number starting with the letters “PB” by the
Clerk of the Court when you file the papers. You will use this case number on all court
papers after you file the papers with the Clerk.
• PETITION FOR APPOINTMENT. Fill out all the information carefully and notify all the
people entitled to know about this matter. If you have questions about who is entitled to
notice see the Self-Service Center Packet on Service, then read the document
INFORMATION ON LEGAL NOTICE FOR GUARDIANSHIPS AND
CONSERVATORSHIPS.
• AFFIDAVIT OF PERSON TO BE APPOINTED (ARS § 14-5106). This document must
be completed by the Petitioner (the person who wants to be appointed). You must file
this Affidavit with your PETITION FOR APPOINTMENT AS CONSERVATOR.
• CONSENT OF PARENT TO CONSERVATORSHIP, if applicable. This document must
be completed and signed by both parents of the minor, if they are living and have not had
their rights permanently severed (cut off by court order), or been declared mentally unfit
to handle their own affairs by court order. If you only can find one parent, have that
parent sign the Consent. However, be prepared to explain to the Judge/Commissioner at
the court hearing why only one parent or no parents signed the Consent and prove to the
Court you did everything you could to try to find the parent(s) by publishing notice. See
the Self-Service Center Packet Part 2: Service and Notice of Court Hearing, then read
the document called INFORMATION ON LEGAL NOTICE FOR CONSERVATORSHIP
FOR A MINOR for more information on Publication of Notice.

3 COPIES: Make 2 copies of all the forms. Assemble the copies so that you have 3
complete packets -- the originals and 2 sets of copies. One set of the copies is for you to
keep in your files.

4 OTHER PAPERS: Make one copy of the document INSTRUCTIONS AND REQUEST
FOR HEARING DATE. Keep the original and copies together for later use. After filing all the
other papers, you will take this form to Probate Court Administration to get the hearing date
set at a time you can attend.

Note: Keep this document so you know when and where your hearing is.

© Superior Court of Arizona in Maricopa County Page 1 of 4 PBCM10p

August 11, 2009 Use only most current version
ALL RIGHTS RESERVED
TO FILE THE PAPERS AT THE COURT:

STEP 5 DETERMINE WHERE TO FILE THE COURT FORMS: There are 4 locations of
the Superior Court in Maricopa County: the Downtown location in Phoenix, the Northeast
facility in Phoenix ; the Northwest Court Facility in Surprise and the Southeast Court Facility
for persons who live in Mesa, Tempe, Chandler, Gilbert and Apache Junction to the southern
border of the Salt River bed, but not including Scottsdale. Depending on where you live,
select the site to file the first court papers. Please keep in mind that any court hearings will be
conducted at the downtown Phoenix location for those filed in Phoenix OR Mesa.

Phoenix: 125 West Washington St. Northeast: 18380 N. 40th St.

1st Floor Phoenix, AZ 85032
Phoenix, Arizona 85003

Northwest: 14264 West Tierra Buena Lane Southeast: 222 East Javelina,1st Floor, Ste. 1350
Surprise, Arizona 85374 Mesa, Arizona 85210-6201

6 TAKE THE ORIGINALS AND COPIES TO THE CLERK TO BE FILED: Take

the originals and 2 sets of copies of the following documents to the Clerk of the Court,
Probate Registrar, on the first floor of the court, for processing:

• PROBATE COVER SHEET

• PETITION FOR APPOINTMENT OF CONSERVATOR
• AFFIDAVIT OF PERSON TO BE APPOINTED (ARS § 14-5106)
• CONSENT OF PARENT (if applicable)

Note: The clerk at Probate Registrar will conform the 2 sets of copies and return them to
you. After you file one set of copies with Probate Administration, you should have one set of
copies for yourself if you followed the instructions in Step 3.

7 PAY YOUR FILING FEE: There are fees for filing petitions, responses, requests,
motions, objections, and various forms with the Court. Cash, VISA/MasterCard debit or
credit cards, money order, or personal in-state check made payable to the “Clerk of
Superior Court, Probate Registrar” are acceptable forms of payment.

Go online to http://clerkofcourt.maricopa.gov/fees.asp or the Self-Service Center for a list of

current fees.

If you cannot afford the filing fee and/or the fee for having the papers served by the Sheriff or
by publication, you may request a deferral (payment plan) when you file your papers with the
Clerk of the Court. Deferral Applications are available at no charge from the Self-Service
Center.

TO GET THE COURT HEARING DATE SCHEDULED:

STEP 8 Call 602-506-5510 three (3) to five (5) business days after the case was filed. Hearings are
held at all four locations shown above. Have the PB Case Number that was stamped on the
sets of copies that you received back from the Clerk when you filed your case,

Please Note: The Probate Registrars, who set the hearing dates, are available full-time
ONLY at the Old Courthouse location in downtown Phoenix.

© Superior Court of Arizona in Maricopa County Page 2 of 4 PBCM10p

August 11, 2009 Use only most current version
ALL RIGHTS RESERVED
 If your case was filed at the Downtown courthouse in Phoenix or the Southeast courthouse in
Mesa, your hearing will be set at the Downtown courthouse location. If your case was filed at
the Northwest courthouse in Surprise or at the Northeast court facility in north Phoenix, your
hearing will be held at the location at which you filed.

If you filed your paperwork at a location that did not have a probate Registrar available on-
site and you want to schedule your hearing before the 3-5 day waiting period, you may bring
your copies of the stamped documents to the Probate Registrar’s Office located on the first
floor of the Old Courthouse at 125 West Washington St., in downtown Phoenix, AZ 85003.

• PROBATE COVER SHEET

• PETITION FOR APPOINTMENT OF CONSERVATOR
• AFFIDAVIT OF PERSON TO BE APPOINTED (ARS § 14-5106)
• CONSENT OF PARENT (if you filed one)

Bring the original the document called: INSTRUCTIONS AND REQUEST FOR HEARING
DATE -- this will be returned to you.

9 HOW YOU WILL GET THE COURT HEARING DATE: Probate Court
Administration sets the date, time and place of the hearing, and assigns the Judicial Officer
as well. Note that you can request your hearing be held at the location where you filed your
case, but all scheduling is done by and requests must be submitted to Probate Administration
at the downtown Phoenix location.. Staff will give you back a copy of the INSTRUCTIONS
AND REQUEST FOR HEARING DATE, with the information highlighted with a colored
marking pen for you. Be sure you keep this important document!

READ THIS:
NOTICE TO PETITIONER
AFTER GIVING NOTICE TO ALL INTERESTED PERSONS
• Complete the Affidavit of Notice stating how and when you gave notice.
• Make two (2) copies of the:
PETITION
NOTICE OF HEARING
AFFIDAVIT OF NOTICE
THE COURT ORDER;
• You may file these papers with the Court before the hearing or bring them with you to
the hearing.
• If you file the documents before the hearing, the Clerk will stamp the original and copies
and return the copies for you to bring the copies with you to the hearing.
• If you are MAILING these documents to the Court:

¾ Make a copy before mailing to keep and bring to the hearing;

¾ It is recommended that you post them 10 full days before the hearing.
¾ The Probate Clerk will file the originals for you and deliver the copies to the
Judicial Officer assigned to the hearing.
¾ Remember to bring your copies of the documents to the hearing.

© Superior Court of Arizona in Maricopa County Page 3 of 4 PBCM10p

August 11, 2009 Use only most current version
ALL RIGHTS RESERVED
 OTHER HELP: If you still have questions about this procedure, you can ask a lawyer for legal
advice. You can look up a lawyer in the telephone book under “attorneys”. Also, the Self-Service
Center has a list of lawyers who will help you help yourself. The list show where the lawyers are
located, how much they charge to look over the court papers or answer your questions, and what
their experience is.

© Superior Court of Arizona in Maricopa County Page 4 of 4 PBCM10p

August 11, 2009 Use only most current version
ALL RIGHTS RESERVED