What This Statute Says
Arizona puts deadlines on most lawsuits. This section creates a fairness rule for people who legally cannot act on their own. If the person with the claim is under eighteen or of unsound mind when the claim accrues, the period of that disability does not count against them.
If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others.
A.R.S. § 12-502When This Statute Comes Into Play
This tolling rule shows up most often in estate and family contexts:
- A minor child has a claim against a parent's estate or against a fiduciary who misused funds. The deadline does not begin running on the child until age eighteen.
- An adult with severe dementia has a claim against a caregiver who took money. The limit does not run while the adult lacks capacity.
- A young beneficiary discovers wrongdoing in a trust years later. If the beneficiary was a minor when the wrongdoing occurred, the clock generally starts at majority.
The disability must exist at the time the cause of action accrues. Becoming disabled later does not bring this section into play; see A.R.S. 12-503.
What This Means for Arizona Families
Many Arizona families assume that when a deadline passes a claim is dead. For minors and protected adults, that is often not true. If a child inherits an interest that someone else mishandles, the child has time after turning eighteen to pursue the claim. If an aging family member is taken advantage of while their capacity is failing, the calendar may have paused while they could not act for themselves.
This matters in two practical situations. First, if you serve as a conservator or guardian for a protected person, do not assume that older claims are dead simply because years have gone by. A short review with an Arizona probate attorney can identify claims still alive because of tolling. Second, if you are the personal representative of an estate that paid out to a minor years ago, you should know the child may still bring claims after reaching adulthood. Our FAQ on guardianship and conservatorship in Arizona explains how courts treat the rights of protected persons. Acting early gives families the best chance to preserve evidence and resolve disputes before they age out of usefulness.