What the Appointed Attorney Must Do Before the Hearing
Arizona takes the rights of alleged incapacitated persons seriously. When a petition is filed to appoint a permanent guardian or conservator, the court assigns an attorney to represent the person at the center of the case. That attorney has specific duties that must be completed no later than seven calendar 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, explain the right to a jury trial, inform them they can hire a different attorney at their own expense, and explain their right to appear in court with anyone they choose present. The attorney must also walk them through the court process, timelines, and expected future proceedings. On top of that, the attorney must provide a copy of the court order that would be entered if the petition is granted.
Consequences for Attorneys Who Do Not Comply
At the initial hearing, the appointed attorney must confirm to the court that these duties have been fulfilled, or explain why compliance was not possible. This is not a suggestion. An attorney who fails to meet these requirements can be held in contempt of court.
This statute exists because guardianship and conservatorship proceedings can strip a person of fundamental rights, including the right to manage their own finances and make their own personal decisions. Ensuring that the person understands what is happening and has meaningful access to legal representation is a basic safeguard against unnecessary or harmful proceedings.
