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A.R.S. § 14-5314

Who Gets Paid in Guardianship Proceedings

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

Investigators, attorneys, physicians, and guardians appointed in a guardianship case may receive reasonable compensation. Who pays depends on whether the petition for guardianship is granted, denied, or withdrawn. A guardian ad litem may also be compensated.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

How Compensation Works When a Petition Is Granted

Guardianship proceedings involve multiple professionals. Investigators evaluate the situation. Attorneys represent the parties. Physicians assess capacity. When the court grants a petition for guardianship, the ward's estate generally pays for all of these services. How a guardian gets paid depends on the types of services provided during the guardianship hearing.

If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem who is appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, is entitled to reasonable compensation from the estate of the ward if the petition is granted, or from the petitioner if the petition is denied.

A.R.S. § 14-5314(A)

If the petition is denied, the person who filed it bears the cost. This discourages frivolous petitions. It also ensures that legitimate cases have access to the professional resources needed, including a guardian ad litem when one is appointed to report to the court on the ward's behalf.

What Happens With Withdrawn or Dismissed Petitions

When a petitioner withdraws the case or fails to follow through, the court has discretion. It may charge the ward's estate or the petitioner. The court considers what is fair given how the case unfolded.

Attorneys hired by the proposed guardian or the petitioner are also entitled to reasonable compensation when the petition succeeds. If the ward's estate cannot cover these costs, the court determines and pays reasonable compensation itself. The county may recover those expenses from the estate when funds become available.

Family members considering guardianship should prepare for the true cost of a proceeding. Expenses go well beyond filing fees. Costs cover investigators, medical evaluations, attorney fees, and arrangements for the ward's living arrangements and care.

A. If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem who is appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, is entitled to reasonable compensation from the estate of the ward if the petition is granted, or from the petitioner if the petition is denied. B. If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner's failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, be paid either from the ward's estate or by the petitioner, depending on the facts and circumstances. In making this determination, the court may consider any evidence it deems appropriate. C. A lawyer who is employed by the guardian to represent the guardian in the guardian's appointment or duties as guardian is entitled to reasonable compensation from the ward's estate if the petition is granted. If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner's failure to prosecute, the court may order that the compensation of the proposed guardian's lawyer be paid either from the ward's estate or by the petitioner, depending on the facts and circumstances. In making these determinations, the court may consider any evidence it deems appropriate. D. A lawyer who is employed by the petitioner to represent the petitioner in seeking the appointment of a guardian is entitled to reasonable compensation from the ward's estate if the petition is granted. E. If the court compensates the provider of a service, the court may charge the estate for the reasonable cost of the service and shall deposit these monies in the probate fund pursuant to section 14-5433. F. If compensation by the ward or the petitioner is not feasible the court shall determine and pay reasonable compensation for services rendered by an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem appointed in a guardianship proceeding. G. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made. H. For the purposes of this section: 1. "Guardian" includes both a guardian and a temporary guardian. 2. "Petition" means a petition filed pursuant to section 14-5303, subsection A or section 14-5310, subsection A. 3. "Ward" includes an alleged incapacitated person.

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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