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A.R.S. § 14-5101

Guardianship Definitions and Key Terms

Verified April 4, 202657th Legislature, 1st Regular Session

The law defines key terms used in guardianship and conservatorship statutes. These terms explain who qualifies as incapacitated, what a ward is, and what the courts mean by protected person. They also cover protective proceedings and contact orders.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

The Terms That Shape Guardianship Law

Before courts can appoint a guardian or conservator, the law needs clear terms. This statute provides those terms. They form the basis for how Arizona guardianships and conservatorships work.

"Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.

A.R.S. § 14-5101(3)

The definition of "incapacitated person" is broad. It covers mental illness, physical disability, substance use, and any other condition. The key factor is whether the person can make or share responsible decisions.

Being a minor does not count as incapacity under this rule. Minors have their own separate guardianship rules.

Ward, Protected Person, and Protective Proceedings

A ward is someone for whom a guardian has been appointed. A protected person is someone with a conservator or other protective order in place. These are two distinct legal roles.

A ward has a guardian managing personal decisions. A protected person has a conservator managing finances, or both.

"Protective proceeding" means a proceeding under section 14-5401 to determine that a person cannot effectively manage or apply his estate to necessary ends, either because he lacks the ability or is otherwise inconvenienced, or because he is a minor, and to secure administration of his estate by a conservator or other appropriate relief.

A.R.S. § 14-5101(12)

The statute also defines "contact" and "contact order." These terms cover the rights of family and close friends to stay in touch with a ward. A "significant relationship" requires a blood or marriage tie, or a history of close friendship.

How These Definitions Affect Families

For those considering guardianship, these definitions show what the court looks for. Court hearings focus on whether the person meets the legal standard for incapacity. The court does not appoint a guardian just because family members are worried.

A durable power of attorney and healthcare directive can often avoid these proceedings. These documents let you choose who manages your finances and care decisions. Without them, a court must appoint someone through formal hearings and evaluations.

A trust can also help families avoid conservatorship. When assets are held in a trust, the successor trustee can step in without court involvement. Planning ahead gives families more control over difficult situations.

In this title, unless the context otherwise requires: 1. "Contact" includes in-person contact, written communication and all forms of electronic communications. 2. "Contact order" means an order allowing contact between a ward and a person with a significant relationship to the ward. 3. "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if, on petition and after a hearing, the judicial officer determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to section 14-5304.02. 4. "Inpatient psychiatric facility" means a hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services. 5. "Investigator" means a person who is appointed by the court under section 14-5308. 6. "Joint legal decision-making" has the same meaning prescribed in section 25-401. 7. "Legal decision-making" has the same meaning prescribed in section 25-401. 8. "Minor ward" means a minor for whom a guardian has been appointed solely because of minority. 9. "Parenting time" has the same meaning prescribed in section 25-401. 10. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17. 11. "Protected person" means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. 12. "Protective proceeding" means a proceeding under section 14-5401 to determine that a person cannot effectively manage or app...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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