Arizona Laws 14-5412. Terms and requirements of bonds
A. The following requirements and provisions apply to any bond required under section 14-5411:
Terms Used In Arizona Laws 14-5412
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Arizona Laws 14-1201
- Court: means the superior court. See Arizona Laws 14-1201
- Interested person: includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. See Arizona Laws 14-1201
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Letters: includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship. See Arizona Laws 14-1201
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Petition: means a written request to the court for an order after notice. See Arizona Laws 14-1201
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
1. Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other.
2. By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party respondent. Notice of any proceeding shall be delivered to the surety or mailed by certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.
3. On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.
4. The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
B. No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.