The Two Events That Trigger Notification
Guardianship sometimes creates distance between a ward and their family. This statute ensures that family members learn about two critical events: extended hospital stays and death.
A guardian shall notify the family members of an adult ward if either of the following occurs: 1. The adult ward is admitted to a hospital for a period of more than three days. 2. The adult ward dies. This notification shall include information about any known funeral arrangements and the place of burial.
A.R.S. § 14-5317(A)The three-day threshold for hospital stays is key. Brief visits for routine care do not trigger the notice rule. But when a ward stays longer than three days, family members have a right to know.
Who Qualifies as a Family Member
The statute defines "family members" in specific terms. The guardian must notify the ward's spouse, parents, adult siblings, and all adult children. These people must be interested parties in the court record.
If none of those people can be reached, the guardian must notify at least one close adult relative. A person with a significant relationship to the ward also qualifies.
Anyone who has filed a demand for notice with the court also gets these alerts. This applies no matter their relationship to the ward.
Guardianship should not cut off a ward's family ties. Even when someone else makes daily health care choices, the ward's loved ones deserve to know about serious events.
For example, if a ward is in the hospital, family may need to coordinate visits. They may also want to discuss treatment options with the care team.
When a ward passes away, the notice rule helps family take part in funeral plans. It also lets them handle any remaining personal matters. Without this statute, a guardian could make all end-of-life choices without telling the family.