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Arizona Conservator and Guardian Bonds
A guardian or conservator, referred to as a fiduciary, is chosen by the court to act on behalf of a minor or person deemed incapacitated, called a protected person or ward. While fulfilling duties of a conservatorship or guardianship, Arizona courts often require fiduciaries to secure a surety bond which acts as a financial guarantee to the protected person should the fiduciary default on their obligations.
Jet makes the bonding process stress free; our goal is to get the conservator or guardian bonded quickly so they can focus on the wellbeing of the ward. Have any questions? Give us a call at (855) 470-0877 and speak to a live Arizona probate bond expert.
What Size Bond Do You Need?
The bond limit is a custom amount, determined by the clerk of the superior court; the amount is calculated based on the following: the value of the estate property in the fiduciary’s control, plus one year’s estimated income, minus the value of deposited securities arranged through a court order for their removal, and minus the value of land the fiduciary is unable to sell without court approval.
How Much Does the Arizona Conservator/Guardian Bond Cost?
Jet charges a minimum of $85 per year for the Arizona Guardian Bond or the Arizona Conservator Bond, with the price depending on the size of the bond. We offer special tiered pricing that decreases the percentage rate paid for larger bond amounts. Applicants can also save if they purchase bonds for more than one year at a time.
To determine how much the bond will cost, conservators and guardians can follow the steps listed below:
- Determine the Required Bond Amount
The superior court will provide the conservator/guardian with their required bond amount when the clerk evaluates the ward’s assets based on the guidelines outlined above.
- Calculate the Total Cost
Guardian bonds and conservator bonds up to $17,000 in size will cost as low as $85 per year. For each additional $1,000 increase in size, the bond premium for preferred customers will increase by the corresponding amount outlined in the table below.
| Bond Amount | Additional Premium (per $1,000) | Bond Cost (1 year) |
|---|---|---|
| $0 - $17,000 | $85 flat rate | $85 |
| $17,001 - $50,000 | $5.00 | $85 - $250 |
| $50,001 - $200,000 | $3.75 | $250 - $813 |
| $200,001 - $500,000 | $2.50 | $813 - $1,563 |
| $500,001 - $1,500,000 | $1.00 | $1,563 - $2,063 |
| $1,500,000+ | $0.50 | $2,063+ |
Jet does not require credit checks for applicants with bond sizes under $25,000, or under $50,000 if the applicant has retained an attorney. Guardians may also request the court to reimburse the bond premium from estate funds. Call us at (855) 470-0877 to find out how much your guardianship bond will cost.
What Is the Difference Between a Conservator and Guardian? What Are Their Duties?
Both conservators and guardians are chosen to take care of and make decisions for the ward. At this point, the court has determined the ward unable to do so themselves, either because they are under the age of 18 or because they are incapacitated. The duties of each role vary, as detailed below:
Guardian of Minor: Makes everyday decisions for the minor including care, education, shelter, finances, etc., in accordance with Arizona Revised Statutes section 14-5209.
Guardian of Incapacitated Person: Makes medical decisions for the protected person, such as consenting to treatment, congruent to sections 14-5312 and 14-5312.01 of the Arizona Revised Statutes.
Conservator: Deals with the ward’s financial matters, including collection and distribution of estate assets, and other powers that fall in line with Arizona Revised Statutes sections 14-5424 and 14-5425.
Who Needs the Bond, and Why Is It Required?
The conservator and/or guardian is appointed to take responsibility for a minor or incapacitated person, which includes making decisions for the benefit of the ward. County probate courts throughout Arizona require a surety bond, in pursuant to 14-5411, for conservatorships and guardianships to safeguard the protected person’s assets and overall wellbeing.
The following are excluded from the bond requirement: public fiduciaries, national banking associations, banking permit holders, savings and loan associations conducting trust business, title insurance companies, trust companies certified by the financial institutions divisions’ superintendent at the department of insurance and financial institutions.
How Is a Fiduciary Chosen in Arizona?
The order of appointment for guardianship or conservatorship is as follows:
- A guardian, conservator, or other like fiduciary appointed by a court of another jurisdiction where the protected person lives.
- Any individual or corporation nominated by the protected person, if the protected person is a minor over the age of 14, or if the protected person has adequate mental capacity to make a smart decision
- The nominated person in the protected person’s most recent power of attorney
- The spouse of the protected person
- An adult child of the protected person
- A parent of the protected person, or a person named in the will of a deceased parent
- A relative of the protected person, of which the protected person has lived with for over six months prior to filing a petition
- Someone nominated by a person paying benefits to or caring for the protected person
- The Department of Veterans’ Services, if the protected person is a veteran, the spouse of a veteran, or minor child of a veteran
- A person licensed under section 14-5651 of the Arizona Revised Statutes, that is not a public fiduciary
- A public fiduciary, licensed under section 14-5651 of the Arizona Revised Statutes
How to Get a Bond With Jet
A simple and efficient application process is important to Jet, as we know the conservator and guardian have essential duties to fulfill. All that’s needed is the bond limit, social security number of the fiduciary for a soft credit check, and basic information about the ward. Following a quick review by Jet, an approved rate will be sent to the fiduciary which is available to purchase directly online. Have any questions? Give us a call at (855) 470-0877 and we will be happy to help.
Some of the factors Jet considers when underwriting a guardian bond:
- Applicant’s credit history for bond limits over $25,000 if they have not retained an attorney, or $50,000 if they have retained an attorney
- Applicants for bond limits over $50,000 will likely need to submit documentation from the court for review
- If the applicant has ever committed a felony
- If there are disputes among the estate’s beneficiaries
- Whether or not there is any ongoing business in the estate
- Whether or not the applicant owes any money to the estate
How Does the Bond Get Filed to the Clerk of Court?
The bond is to be filed with the clerk of superior court in the county where the protected person resides. Once the bond is purchased, Jet signs the original bond form, adds the surety seal, and sends it to the fiduciary for completion and filing with the court. The conservator or guardian will also receive a copy from Jet to keep for their records.
The chart at the bottom of the page has contact information for each probate court in the State of Arizona.
Can the Bond Be Cancelled for a Refund?
Any bond purchased for one year is fully earned, which means if the bond is cancelled early there is no available refund. However, if the bond is purchased for two or three years up front and is cancelled early within the second or third year, there may be a portion of the bond premium that can be returned to the fiduciary. The court must first release the fiduciary and Jet (the surety company) of liability before the bond can be cancelled.
When Does the Bond Obligation End?
A surety bond is required for the entirety of the fiduciary’s appointment. Upon the bond term’s expiration, Jet sends a renewal notice to the conservator or guardian with plenty of time to provide payment. As long as payment is received, the bond will remain active and on file with the clerk of superior court. Fiduciaries obligations only will end once the following scenarios have occurred:
Conservatorships: The court must determine that the minor has reached 18 or the incapacitated person is competent prior to ending the conservatorship.
Guardianships: Obligations of the guardian terminate upon the death of the protection person, determination that the incapacitated person is competent, a substitution or resignation is provided to the court, or in cases involving a minor, the minor reaches 18.
Guardianships of Minors: Upon death, removal, or resignation of the guardian, or the death, adoption, marriage, or attainment of majority of the minor, the guardian’s authority and responsibility is terminated.
Whether a conservator or guardian, the court generally requests final accounts from the fiduciary. The court will only release the guardian or conservator of duties upon a thorough review.
How Does a Fiduciary Avoid Bond Claims?
With the important role of making critical decisions on behalf of another person, fiduciaries can find themselves in difficult situations. Acting in accordance with Arizona Revised Statutes Title 14, and in the best interest of the protected person, guarantees a smooth process for the conservator or guardian. Fiduciaries often choose to work alongside an attorney to ensure they are completing duties according to the regulations.
Common causes of claims on the bond include:
- Failure to account for assets (inventory)
- Embezzlement
- Selling property without prior court approval
- Using a minor’s money for their maintenance/education
Those who can file claims against the bond include estate creditors, an incompetent person who becomes competent, a minor protected person who reaches the age of 18, and any individual who has a contractual relationship with the ward and the contract is breached. A suit must be brought to the court who will decide whether or not to pursue the bond for restitution.
What Happens if I Get a Bond Claim?
Jet will be notified of the claim payout request from the court. Jet conducts a thorough review of the details to ensure the claim is in fact legitimate prior to making payment. A valid claim will be paid out to the claimant(s) in the penalty sum, up to the full bond limit. Since guardians and conservators are responsible for their actions, they must reimburse Jet in the amount of the claim.
| County Courthouse | Phone | Mailing Address | |
|---|---|---|---|
| Apache | 928-337-7550 | Apache County Superior Court House PO Box 365 St Johns, AZ 85936 | |
| Cochise | 520-432-8600 | Clerk of the Superior Court PO Box CK Bisbee, AZ 85603 | cochiseclerk@courts.az.gov |
| Coconino | 928-679-7600 | Clerk of the Superior Court 200 N San Francisco Flagstaff, AZ 86001 | |
| Gila | 928-425-3231 | Superior Court of Gila County 1400 E. Ash St. - 3rd Floor Globe, AZ 85501 | gilacosc@courts.az.gov |
| Graham | 928-428-3100 | Clerk of the Superior Court 800 W Main Street Safford, AZ 85546 | |
| Greenlee | 928-865-4242 | Clerk of the Superior Court PO Box 1296 Clifton, AZ 85533 | greenleeSC@courts.az.gov |
| La Paz | 928-669-613 | Superior Court Clerk 1316 Kofa Ave., Suite 607 Parker, Arizona 85344 | |
| Maricopa | 602-506-3668 | Maricopa County Superior Court Clerk 201 W. Jefferson Street Phoenix, AZ 85003 | |
| Mohave | Kingman: 928-753-0713 Lake Havasu: 928-453-0701 Bullhead: 928-758-0730 | Kingman: Mohave County Superior Court PO Box 7000 Kingman, AZ 86402 Lake Havasu City: Mohave County Superior Court 2001 College Drive, #148 Lake Havasu City, AZ 86403 Bullhead City: Mohave County Justice Court 2225 Trane Road Bullhead City, AZ 86442 | clerkofcourt@mohavecourts.com |
| Navajo | 928-524-4188 | Navajo County Clerk of the Court PO Box 668 Holbrook, AZ 86025 | superiorcourtinfo@navajocountyaz.gov |
| Pima | 520-724-3200 | Pima County Clerk of Court ATTN: Probate 110 West Congress St, Room 152 Tucson, Arizona 85701-1317 | COC_ProbateWeb@coc.pima.gov |
| Pinal | 888-431-1311 | Pinal County Clerk of the Superior Court PO Box 2730 Florence, AZ 85132 | |
| Santa Cruz | 520-375-7700 | Clerk of the Superior Court PO Box 1265 Nogales, AZ 85628 | JGuzman@courts.az.gov |
| Yavapai | 928-771-3312 | Yavapai County Courthouse 120 South Cortez Street Prescott, AZ 86303 | YavapaiProbateSpecialist@courts.az.gov |
| Yuma | 928-817-4210 | Yuma County Superior Court 250 W. 2nd Street Yuma, AZ 85364 | lfazz@courts.az.gov |
