Arizona Revised Statutes

Ariz. Rev. Stat. § 14-5405 (2026)

Notice in conservatorship proceedings; damages

✓ current as of May 2026
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14-5405. Notice in conservatorship proceedings; damages

A. In a proceeding for the appointment or substitution of a conservator of a protected person or person allegedly in need of protection, other than the appointment of a temporary conservator or temporary suspension of a conservator, and in a proceeding to continue a conservatorship or other protective order pursuant to section 14-5401, subsection B, notice of the hearing shall be given to each of the following:

1. The protected person or the person allegedly in need of protection if that person is fourteen years of age or older.

2. The spouse, parents and adult children of the protected person or person allegedly in need of protection, or if no spouse, parents or adult children can be located, at least one adult relative of the protected person or the person allegedly in need of protection, if such a relative can be found.

3. Any person who is serving as guardian or conservator or who has the care and custody of the protected person or person allegedly in need of protection.

4. Any person who has filed a demand for notice.

B. At least fourteen days before the hearing notice shall be served personally on the protected person or the person allegedly in need of protection and that person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the protected person or the person allegedly in need of protection shall be given in accordance with section 14-1401. Waiver of notice by the protected person or the person allegedly in need of protection is not effective unless the protected person or the person allegedly in need of protection attends the hearing.

C. In addition to stating the time and place of the hearing, a notice given pursuant to this section shall provide notice of the right to a trial by jury under section 14-1306, subsection A.

D. The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1993–2024 · leading case: Montano v. Browning, 48 P.3d 494 (Ariz. Ct. App. 2002).
Montano v. Browning, 48 P.3d 494 (Ariz. Ct. App. 2002). · cites it 2× “Secondly, citing A.R.S. § 14-5405, she claims that, because it would have taken at least fourteen days to have a guardian appointed for Montaño, the limitations period should be extended by an equivalent period to permit filing against an appointed guardian.”
Hickey v. Hickey (Ariz. Ct. App. 2024). · cites it 2× “the alleged incapacitated person and that person’s spouse, parents and adult children”); A.R.S. § 14-5405(A)(1), (2) (requiring that notice of a conservatorship proceeding “be given to .”
Woodty v. Weston's Lamplighter Motels, 859 P.2d 785 (Ariz. Ct. App. 1993). “Appellant objected to reformation in the trial court and now brings this appeal. STANDING In its answering brief, Weston’s argues that appellant is not a party and lacks standing to object to the trial court’s approval and reformation of the releases.”
— Ariz. Rev. Stat. § 14-5405(A) — 1 case
Woodty v. Weston's Lamplighter Motels, 859 P.2d 785 (Ariz. Ct. App. 1993). “Appellant objected to reformation in the trial court and now brings this appeal. STANDING In its answering brief, Weston’s argues that appellant is not a party and lacks standing to object to the trial court’s approval and reformation of the releases.”
— Ariz. Rev. Stat. § 14-5405(A)(1) — 1 case
Hickey v. Hickey (Ariz. Ct. App. 2024). “the alleged incapacitated person and that person’s spouse, parents and adult children”); A.R.S. § 14-5405(A)(1), (2) (requiring that notice of a conservatorship proceeding “be given to .”
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