What the Appointed Attorney Must Do Before the Hearing
Arizona takes the rights of alleged incapacitated persons seriously. When someone files a petition for a permanent guardian or conservator, the court assigns an attorney to the person involved.
That attorney has specific duties. They must complete them no later than seven days before the initial hearing.
No later than seven calendar days before the initial hearing on a petition for the appointment of a permanent guardian or permanent conservator, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall fulfill the following minimal duties.
A.R.S. § 14-5111(A)The attorney must interview the person and explain their right to a jury trial. The attorney must also explain the right to hire a different attorney at their own expense.
The attorney must explain the right to appear in court with anyone the person chooses. The attorney must also walk them through the court process and expected future steps.
Finally, the attorney must provide a copy of the court order. This is the order the court would enter if the petition is granted.
Consequences for Attorneys Who Do Not Comply
At the initial hearing, the attorney must confirm to the court that these duties are done. If not, the attorney must explain why. An attorney who fails to meet these rules can be held in contempt of court.
Guardianship and conservatorship cases can strip a person of basic rights. For example, they may lose the right to manage their own money or make personal decisions. As a result, making sure the person understands the process is a critical safeguard.