Ariz. R. Sup. Ct. 69

As amended through August 22, 2024

Rule 69 - Liability of Conservator

The general law of conservators and fiduciaries shall apply to the conduct of the conservator and the conservatorship, except that a conservator appointed under these rules shall:

(a) not be regarded as having an attorney-client relationship with clients of the respondent, except that the conservator shall be bound by the obligation of confidentiality toward clients imposed by the Arizona Rules of Professional Conduct with respect to information acquired as conservator;

(b) have no liability to the clients of the respondent or any other person except for injury caused by intentional, willful, or grossly negligent breach of duties pursuant to Rules 66-69, Ariz. R. Sup. Ct.; and

(c) be immune to separate suit brought by or on behalf of the respondent or respondent's estate or other person. Any objections by or on behalf of the respondent or any other person to the conduct of the conservator shall be raised in the appointing court during the pendency of the conservatorship.

Ariz. R. Sup. Ct. 69

Added June 9, 2003, effective 12/1/2003. Amended June 30, 2010, effective 1/1/2011; 12/16/2015, effective 1/1/2016.

NOTES TO 2003 AMENDMENTS

The amendment restates language found in former Rule 68 and makes no substantive changes.

HISTORICAL NOTES

Source:

Pennsylvania R.D.E. 327.

Former Rule 68.