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A.R.S. § 14-5406

Request Notice in Guardianship Cases

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

Any interested person can file a demand for notice in a guardianship or conservatorship proceeding. Once filed, the court must notify that person before making any orders. This gives family, creditors, and government agencies a way to stay informed.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Who Can Request Notice and How It Works

If someone you care about is involved in a guardianship or conservatorship proceeding, you do not have to sit on the sidelines. Any interested person has the right to file a demand for notice with the court. Once filed, the court must inform you before making any orders in that case.

Any interested person who desires to be notified before any order is made in a guardianship or conservatorship proceeding, including any proceeding subsequent to the appointment of a guardian pursuant to section 14-5313, or subsequent to the appointment of a conservator pursuant to section 14-5416, may file a demand for notice with the clerk of the court in which the proceeding is pending.

A.R.S. § 14-5406

The demand must include a statement explaining your interest in the case. It must also include your address or your attorney's address. You need to mail a copy to the guardian and the conservator, if one has been appointed. The demand only covers events that happen after it is filed. It does not apply to earlier orders.

Government Agencies as Interested Persons

The statute also recognizes that government agencies paying or planning to pay benefits to the protected person qualify as interested persons. This includes agencies like the Arizona Health Care Cost Containment System (AHCCCS) or the Department of Veterans' Services. Their involvement helps ensure public funds are being used appropriately and that the protected person's benefits are not jeopardized by court orders.

For families navigating these proceedings, requesting notice is a straightforward step. It does not give you decision-making authority. It does ensure you have visibility into what is happening in the case.

On payment of any required fee, any interested person who desires to be notified before any order is made in a guardianship or conservatorship proceeding, including any proceeding subsequent to the appointment of a guardian pursuant to section 14-5313, or subsequent to the appointment of a conservator pursuant to section 14-5416, may file a demand for notice with the clerk of the court in which the proceeding is pending. The person demanding notice shall mail a copy of the demand to the guardian and the conservator if one has been appointed. A demand is not effective unless it contains a statement showing the interest of the person making it and the person's address, or that of the person's attorney, and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.

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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