Who Can Serve as a Court Investigator
Arizona does not allow just anyone to investigate a guardianship or conservatorship case. The investigator must have a background in law, nursing, or social work. They must also have no personal interest in the outcome.
Before appointment, the investigator must pass a criminal background check. The Department of Public Safety and the FBI both run these checks.
An investigator appointed by the court under sections 14-5303 and 14-5407 shall have a background in law, nursing or social work and shall have no personal interest in the proceedings.
A.R.S. § 14-5308(A)These requirements help ensure the person reviewing the case has proper training. Any family member or interested person can file a petition to request the investigation.
What the Investigator Does
The investigator's duties are thorough. They interview the person who may need a guardian and the person proposed to serve. They also visit the person's current or proposed home.
If the person lives in a care facility, the investigator speaks with caregivers and staff. The court may also direct the investigator to transport the person as needed.
The investigator shall conduct an investigation before the court appoints a guardian or a conservator to allow the court to determine the appropriateness of that appointment.
A.R.S. § 14-5308(B)The investigator reports findings before the court hearing. This step protects the rights of the person who may be placed under guardianship.
The law also includes a conflict-of-interest safeguard. An investigator and their close relatives cannot take on a paid role in the same case unless the court finds good cause. As a result, investigators cannot use their position to gain a financial role in the person's life.