Phoenix, AZ asked in Estate Planning and Probate for Arizona

Q: if you are guardian and conservator can you take the beneficiary's name off the trust and open one up in your name only

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1 Lawyer Answer

A: If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you propose and I am assuming that there is a good reason for your proposal. But, from the information provided, the proposed action appears to be a conflict of interest and highly improper. You should discuss with your attorney. Your attorney may be able to suggest options that would accomplish your goals and not violate your fiduciary duties as guardian and conservator.

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