Who Must Receive Notice
Guardianship proceedings affect some of the most personal rights a person has. Arizona law requires that certain people be informed before a hearing takes place. The list includes the alleged incapacitated person, their spouse, parents, and adult children. If a guardian or conservator is already serving, or if someone else has physical care and custody, that person must also be notified.
Notice of a hearing shall be given to each of the following: 1. The ward or the alleged incapacitated person and that person's spouse, parents and adult children. 2. Any person who is serving as guardian or conservator or who has the care and custody of the ward or the alleged incapacitated person.
A.R.S. § 14-5309(A)If none of the people listed above can be identified, the court requires notice to at least one of the closest adult relatives who can be found. Anyone who has previously filed a demand for notice must also be included.
How Notice Must Be Delivered
The ward or alleged incapacitated person, along with their spouse and parents, must receive personal service at least fourteen days before the hearing, provided they can be found within Arizona. For those outside the state, or for other parties, notice follows the general rules under A.R.S. 14-1401. The ward cannot waive notice unless they actually attend the hearing.
The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct.
A.R.S. § 14-5309(D)This provision gives the court real enforcement power. If someone deliberately sidesteps the notice requirement or lies about not receiving notice, the court can order them to pay damages, including attorney fees. The goal is straightforward: guardianship decisions are too important to be made without everyone at the table.