Conservatorship Case Law Update

Division Two of the Arizona Court of Appeals held surety bond could be held liable for illegal acts of conservator prior to issuance of bond holding that guardians and conservators are responsible for pursuing assets wrongfully taken from protected person even if it means suing themselves for misappropriated assets. The Court awarded prejudgment interest against the surety but declined to award attorney’s fees to estate of protected person stating the surety had not taken an unreasonable position, the surety made good legal arguments and the law was unsettled in Arizona. Pacheco vs Hartford, 2 CA-CV 2007-0135, issued September 22, 2008.