Arizona Conservator and Guardian Bonds

Arizona Conservator and Guardian Bond

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.

APPLY FOR BOND

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.

What Is the Bond Limit and Cost of the Bond?

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.

Both the bond limit and personal credit of the fiduciary are evaluated to help provide an appropriate rate. The fiduciary will only pay a small percentage of the total bond limit.

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:

  1. A guardian, conservator, or other like fiduciary appointed by a court of another jurisdiction where the protected person lives.
  2. 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
  3. The nominated person in the protected person’s most recent power of attorney
  4. The spouse of the protected person
  5. An adult child of the protected person
  6. A parent of the protected person, or a person named in the will of a deceased parent
  7. A relative of the protected person, of which the protected person has lived with for over six months prior to filing a petition
  8. Someone nominated by a person paying benefits to or caring for the protected person
  9. The Department of Veterans’ Services, if the protected person is a veteran, the spouse of a veteran, or minor child of a veteran
  10. A person licensed under section 14-5651 of the Arizona Revised Statutes, that is not a public fiduciary
  11. 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.

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:

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 CourthousePhoneMailing AddressEmail
Apache928-337-7550Apache County Superior Court House
PO Box 365
St Johns, AZ 85936
Cochise520-432-8600Clerk of the Superior Court
PO Box CK
Bisbee, AZ 85603
cochiseclerk@courts.az.gov
Coconino928-679-7600Clerk of the Superior Court
200 N San Francisco
Flagstaff, AZ 86001
Gila928-425-3231Superior Court of Gila County
1400 E. Ash St. - 3rd Floor
Globe, AZ  85501
gilacosc@courts.az.gov
Graham928-428-3100Clerk of the Superior Court
800 W Main Street
Safford, AZ 85546
Greenlee928-865-4242Clerk of the Superior Court
PO Box 1296
Clifton, AZ 85533
greenleeSC@courts.az.gov
La Paz928-669-613Superior Court Clerk
1316 Kofa Ave., Suite 607
Parker, Arizona 85344
Maricopa602-506-3668Maricopa County Superior Court Clerk
201 W. Jefferson Street
Phoenix, AZ 85003
MohaveKingman:
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
Navajo928-524-4188Navajo County Clerk of the Court
PO Box 668
Holbrook, AZ 86025
superiorcourtinfo@navajocountyaz.gov
Pima520-724-3200Pima County Clerk of Court
ATTN: Probate
110 West Congress St, Room 152
Tucson, Arizona 85701-1317
COC_ProbateWeb@coc.pima.gov
Pinal888-431-1311Pinal County Clerk of the Superior Court
PO Box 2730
Florence, AZ 85132
Santa Cruz520-375-7700Clerk of the Superior Court
PO Box 1265
Nogales, AZ 85628
JGuzman@courts.az.gov
Yavapai928-771-3312Yavapai County Courthouse
120 South Cortez Street
Prescott, AZ 86303
YavapaiProbateSpecialist@courts.az.gov
Yuma928-817-4210Yuma County Superior Court
250 W. 2nd Street
Yuma, AZ 85364
lfazz@courts.az.gov
Arizona Probate Courts

Arizona Conservator and Guardian Bond Form

Notary Bond Application:

Business Information:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Employee Dishonesty Bond Application:

Business Information:

Business Description:

Coverage Requirements:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Contract Bond Application:

Business Information:

Owner Information:

Job Details:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Worker's Compensation Application:

Business Information:

Business Description:

Coverage Requirements

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information: