Senate Engrossed House Bill

State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012

CHAPTER 223

HOUSE BILL 2377

 

AN ACT

 

amending section 14‑5101, Arizona Revised Statutes; amending title 14, chapter 5, article 3, Arizona Revised Statutes, by adding section 14-5304.02; relating to incapacitated persons.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 14-5101, Arizona Revised Statutes, is amended to read:

START_STATUTE14-5101.  Definitions

In this title, unless the context otherwise requires:

1.  "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.  IN CASES OF LIMITED GUARDIANSHIP ONLY, a person is not deemed an incapacitated person for purposes of voting IF THE PERSON FILES A PETITION, HAS A HEARING AND THE JUDGE DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT THE PERSON RETAINS SUFFICIENT  UNDERSTANDING TO EXERCISE THE RIGHT TO VOTE pursuant to section 14-5304.02.

2.  "Investigator" means a person who is appointed by the court under section 14‑5308.

3.  "Physician" means a person licensed pursuant to title 32, chapter 13 or 17.

4.  "Protected person" means a minor or any other person for whom a conservator has been appointed or any other protective order has been made.

5.  "Protective proceeding" means a proceeding under the provisions of section 14‑5401 to determine that a person cannot effectively manage or apply his estate to necessary ends, either because he lacks the ability or is otherwise inconvenienced, or because he is a minor, and to secure administration of his estate by a conservator or other appropriate relief.

6.  "Psychologist" means a person licensed pursuant to title 32, chapter 19.1.

7.  "Registered nurse" has the same meaning as prescribed in section 32‑1601.

8.  "Ward" means a person for whom a guardian has been appointed. "Minor ward" means a minor for whom a guardian has been appointed solely because of minority. END_STATUTE

Sec. 2.  Title 14, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 14-5304.02, to read:

START_STATUTE14-5304.02.  Limited guardianship; voting

A person for whom a limited guardian is appointed shall retain the right to vote if the person files a petition, has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote. END_STATUTE

 

 

APPROVED BY THE GOVERNOR APRIL 10, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 11, 2012.