General Order To Conservator And Acknowledgment

Attorney's Name: Computer Number: Party Name: Street Address: City, State, and Zip: Telephone Number: __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ ARIZONA SUPERIOR COURT IN PIMA COUNTY IN THE MATTER OF: Name: (from birth certificate) ___________________________________ Date of birth: ___________________________________ A MINOR Case Number: GENERAL ORDER TO CONSERVATOR FOR A MINOR CHILD The welfare and best interest of minor children are matters of great concern to this court. Accepting appointment as conservator for a minor child subjects you to the power and supervision of this court. This order is entered to help you avoid problems and to assist you in the performance of your duties as conservator. You are required by law to comply with its provisions. If you have any questions about the meaning of this order, or your legal duties as conservator, you should consult an attorney or petition the court for instructions. 1. Inventory You will be required to file an inventory no later than 90 days after your appointment as conservator. An inventory is a list of all assets in the conservatorship estate. Assets include real and personal property, bank accounts, business interests, and claims or causes of action that the minor may have. The inventory must be filed on the required inventory form. Upon appointment as conservator you must immediately locate, identify, and inventory all of the assets of the minor. You must make appropriate arrangements to protect these Page 1 of 6 American LegalNet, Inc. www.USCourtForms.com assets, such as renting a safe deposit box for important documents. You must also title the minor's property in the name of the conservatorship. Conservatorship property should be titled as follows: The conservatorship of (name of minor), by (your name) as conservator. 2. Use of the minor's assets The conservatorship funds do not replace a parent's obligation to support their minor child. The conservatorship assets cannot be used to pay for the minor's housing, food, clothing, education expenses, or entertainment without a prior order from the court. Conservatorship funds may be used to pay for medical insurance for the minor, but you must have prior court approval. If the minor does not have health insurance, you must obtain health insurance and then petition the court to approve the expenditure. At all times you must keep detailed records of all income received and expenditures made on behalf of the minor, including original bills, receipts, bank statements, tax returns, bills of sale, and promissory notes. If you receive Social Security payments for the minor as a representative payee, you must comply with the Social Security Administration's rules and regulations concerning use of those funds. If there are excess funds you are required to keep those funds separately. More information about social security can be found online at www.ssa.gov. You have a legal duty of undivided loyalty to the minor. Never use any of the minor's money or property for any reason other than for the minor's direct benefit. You may not profit in any way from access to the minor's assets. Neither you, your friends, nor other family members may profit by dealing in the assets of the conservatorship estate. 3. Accountings You will be required to file an annual accounting of all income and expenditures from the estate, unless the court specifically orders otherwise. If all the assets in the estate are restricted, and the court finds that no bond is required, then the court may waive the requirement to file an annual accounting. A final accounting will be required, however, when the conservatorship is terminated. The court will set a an accounting year-end date on one of four possible dates: March 31, June 30, September 30, or December 31. The court will also set a date when the court will have a hearing to review the annual accounting. You must file the accounting no less than 21 days before the hearing. After your initial appointment you will receive notification of the above dates from the court. You must keep detailed and accurate financial records throughout the year. On the annual accounting year-end you should transfer that information to the required Page 2 of 6 American LegalNet, Inc. www.USCourtForms.com accounting form. You will have about 70 days to complete the accounting. You must petition the court to approve the accounting by filing the appropriate petition with the court. You must provide notice of the hearing to all interested parties. You must also prepare an Order Approving Annual Accounting, take it to the probate clerk, and ask the clerk to lodge the order in the court file. The court will also set a final accounting hearing date for the final accounting. It will be set approximately 90 days after the end of the month in which the minor turns 18. The minor may waive the final accounting after the minor turns 18, but the minor must still file a receipt for all of the assets of the conservatorship. See Section 9 below. 4. Restricted Accounts If the court has ordered you to place funds in a restricted account, you must immediately file a Proof of Restricted Account form from the bank or financial institution. The form must show that you have deposited the money in an account which the bank has restricted in accordance with the court order. The Proof of Restricted Account should include the name and address of the financial institution, the type of account, the account number, and the amount deposited. It should be signed by a representative of the financial institution and should be notarized. If you wish to use or spend conservatorship assets prior to the age of majority, you must first petition the court for approval. Not all petitions will be granted. The court will take into account the best interests of the minor, including any special needs the minor may have due to a disability, the available funds in the conservatorship, and whether the conservator can offer some form of assurance that the funds will be replaced should the court so require. If the order appointing you permits, you are allowed to change the account type as circumstances require. For example if funds are placed in a restricted certificate of deposit type account, you may change the account type to a regular deposit account, but only if su