Senate Engrossed

incapacitated person; special investigator

(now: incapacitated person; guardian ad litem)

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

CHAPTER 303

SENATE BILL 1389

AN ACT

amending Title 25, Arizona Revised Statutes, by adding chapter 11; relating to domestic relations proceedings.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 25, Arizona Revised Statutes, is amended by adding chapter 11, to read:

CHAPTER 11

DOMESTIC RELATIONS PROCEEDINGS

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE25-1501. Alleged incapacitated person; guardian ad litem

A. In a proceeding filed pursuant to this title, if the court finds that there is reasonable cause to believe that an adult party is or may be an incapacitated person as defined in section 14-5101 or is a person in need of protection pursuant to section 14-5401 and that the party is or may be in need of guardianship or conservatorship, or both, the court may appoint a guardian ad litem to conduct an investigation concerning the need for a guardian or conservator, or both. after conducting the investigation, if deemed appropriate the guardian ad litem may initiate and prosecute proceedings under chapter 5 of title 14 for the appointment of a guardian, a conservator, or both for the adult party.

B. If deemed necessary to adequately assess the capacity of an adult party to a pending proceeding pursuant to this title, on the request of the guardian ad litem or on the court’s own motion the court may order an independent evaluation by a licensed physician who is competent to perform such an evaluation.

C. A guardian ad litem appointed by the court and any evaluator designated by the court to evaluate the capacity of an adult party to the proceedings pursuant to this section may receive reasonable compensation for the work performed by the guardian ad litem or evaluator.  The reasonable fees and costs of the guardian ad litem and any evaluator appointed shall be paid for by the person alleged to be incapacitated or in need of protection or paid from an appropriate available marital community property fund or asset. If the court determines that the person who is alleged to be incapacitated or in need of protection has insufficient monies to pay the total cost of the fees and costs of a guardian ad litem or evaluator or that there are insufficient available community monies or assets to pay these fees and costs, the court may order all or any part of the fees or costs to be a county expense after determining the reasonableness of the fees or costs.

D. The Supreme Court shall adopt appropriate rules to govern the appointment of a guardian ad litem in proceedings under this title. END_STATUTE

APPROVED BY THE GOVERNOR APRIL 28, 2021.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 2021.