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A.R.S. § 14-5304.01

Guardianship and Driving Privileges

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

When a court appoints a guardian for an incapacitated adult in Arizona, the judge may also suspend that person's driver license. The ward can ask the court to restore driving rights. To succeed, they must present medical proof that the incapacity does not affect safe driving.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

How Guardianship Affects the Right to Drive

A guardianship appointment does not automatically revoke a person's driver license. Instead, the court has discretion. The judge reviews the nature of the incapacity and decides whether the ward can safely drive.

If the evidence suggests a safety concern, the court can suspend driving rights. The judge issues an order after reviewing the facts of the case.

On the appointment of a guardian, the court may determine that the ward's privilege to obtain or retain a driver license should be suspended and issue an order suspending the privilege.

A.R.S. § 14-5304.01(A)

If medical or other evidence shows the ward can drive safely, the court may keep the license active. This means a cognitive limit that affects financial decisions does not always prevent safe driving.

Getting Driving Privileges Restored

A ward whose license has been suspended can file a request to have it restored. The court weighs medical evidence and may consider other factors. For example, these include finishing a driving course with a recommendation for reinstatement.

A ward whose privilege to obtain or retain a driver license has been suspended or revoked by court order may file a request to terminate the suspension or revocation and reinstate the privilege.

A.R.S. § 14-5304.01(D)

If the court grants the request, the ward applies to the Arizona Department of Transportation. The ward must also meet all standard licensing requirements.

When a guardianship ends entirely, any prior orders suspending the license are automatically lifted. The person can then apply for a new or reinstated license through normal channels.

14-5304.01. Effect of appointment of guardian on privilege to operate a motor vehicle A. On the appointment of a guardian, the court may determine that the ward's privilege to obtain or retain a driver license should be suspended and issue an order suspending the privilege. B. If the court is presented with sufficient medical or other evidence to establish that the ward's incapacity does not prevent the ward from safely operating a motor vehicle, it may decline to suspend the ward's privilege to obtain or retain a driver license and issue an order allowing the ward to obtain or retain a driver license. C. The finding of interim incapacity pursuant to section 14-5310 does not cause the suspension of the ward's privilege to obtain or retain a driver license or to operate a motor vehicle pursuant to section 28-3153 unless the court also finds that the interim incapacity affects the ward's ability to safely operate a motor vehicle and that the privilege should be immediately suspended. In lieu of ordering the ward's driver license suspended, the court may order the ward not to drive a motor vehicle until the ward presents sufficient medical or other evidence to establish that the ward's interim incapacity does not affect the ward's ability to safely operate a motor vehicle. The ward may present the medical or other evidence by motion to the court. The court may rule on the motion without hearing if there are no objections to the motion. D. A ward whose privilege to obtain or retain a driver license has been suspended or revoked by court order may file a request to terminate the suspension or revocation and reinstate the privilege. In reaching its decision the court shall consider medical evidence that the ward's incapacity does not prevent the ward from safely operating a motor vehicle and may consider other evidence, including a certificate of graduation from an accredited driving school with a recommendation that the ward should be ex...

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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