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A.R.S. § 14-5303

Court Procedure to Appoint a Guardian

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

The alleged incapacitated person has the right to an attorney, a court-appointed investigator, and a medical exam. They can attend the hearing, present evidence, cross-examine witnesses, and request a jury trial. Any interested party can file the petition.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Who Can File and What the Petition Must Include

Any person interested in the welfare of an alleged incapacitated person can file a petition for guardianship. This includes family members, caregivers, and others concerned about the person's wellbeing.

The petition must cover key details. These include the petitioner's interest, the person's name and address, and the proposed guardian. It must also list any existing conservator, the nearest known relative, a general statement of property, and the reason guardianship is needed.

The alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order.

A.R.S. § 14-5303(A)

For a general guardianship, the petition must explain why a limited one would not work. For a limited guardianship, it must list the specific powers being sought.

The law also requires disclosure of certain documents. These include any healthcare power of attorney, durable power of attorney with a guardian nomination, or trust interests.

Protections Built Into the Process

The law gives strong protections to the person alleged to be incapacitated. The court must appoint an attorney unless the person already has one.

A court-appointed investigator interviews the person and visits where they live. The investigator also inspects the proposed living arrangement.

A physician, psychologist, or registered nurse must conduct a medical exam. The report covers diagnosis, mental health, daily living abilities, medications, and prognosis. This helps the court see the full picture before the hearing.

The alleged incapacitated person is entitled to be present at the hearing and to see or hear all evidence bearing on that person's condition. The alleged incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and investigator, and to trial by jury.

A.R.S. § 14-5303(C)

These safeguards exist because guardianship removes basic rights from an adult. As a result, the process is strict on purpose. No one loses their independence without clear proof and due process.

A. The alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order. B. The petition shall contain a statement that the authority granted to the guardian may include the authority to withhold or withdraw life sustaining treatment, including artificial food and fluid, and shall state, at a minimum and to the extent known, all of the following: 1. The interest of the petitioner. 2. The name, age, residence and address of the alleged incapacitated person. 3. The name, address and priority for appointment of the person whose appointment is sought. 4. The name and address of the conservator, if any, of the alleged incapacitated person. 5. The name and address of the nearest relative of the alleged incapacitated person known to the petitioner. 6. A general statement of the property of the alleged incapacitated person, with an estimate of its value and including any compensation, insurance, pension or allowance to which the person is entitled. 7. The reason why appointment of a guardian or any other protective order is necessary. 8. The type of guardianship requested. 9. If a legal decision-making, parenting time or visitation order was previously entered regarding an alleged incapacitated person. 10. If the appointment of a guardian is necessary due solely to the physical incapacity of the alleged incapacitated person. 11. Whether the alleged incapacitated person is the principal under a health care power of attorney. 12. Whether the alleged incapacitated person is the principal under a durable power of attorney in which the alleged incapacitated person has nominated someone to serve as guardian. 13. Whether the alleged incapacitated person has a present vested interest in a trust. C. On the filing of a petition, the court shall set a hearing date on the issues of incapacity. Unless the alleged incapacitated p...

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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