ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: JUD DPA 8-0-0-0 | 3^rd Read 28-0-2-0

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SB 1389: incapacitated person; guardian ad litem

Sponsor:  Senator Barto, LD 15

Committee on Judiciary

Overview

Allows the court, in proceedings relating to marital or domestic relations, to appoint a guardian ad litem to investigate a person's need for a guardian.

History

Statute defines an incapacitated person as 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 the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the person's self (A.R.S. § 14-5101).

Statute allows the court, on petition and after notice and a hearing, to appoint a conservator or make another protective order for cause: 1) in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection that cannot otherwise be provided or has or may have affairs that may be jeopardized or prevented by minority or that funds are needed for the minor's support and education and that protection is necessary or desirable to obtain or provide funds; or 2) in relation to the estate and affairs of a person. The court may only appoint a conservator or make another protective order for cause in relation to the second criteria if the court specifically finds on the record that the person: 1) is unable to manage the person's estate and affairs effectively for reasons such as mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance; and 2) has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds (A.R.S. § 14-5401).

Provisions

1. Permits a guardian ad litem, if deemed appropriate after conducting an investigation, to initiate and prosecute proceedings relating to the protection of person under disability and their property for the appointment of a guardian, a conservator, or both. (Sec. 1)

2. Permits the court to order an independent evaluation by a competent licensed physician if it is deemed necessary or if the guardian ad litem or court has made a request for the evaluation. (Sec. 1)

3. Allows a court-appointed guardian ad litem and any court-designated evaluator to receive reasonable compensation. (Sec. 1)

4. Requires the Arizona Supreme Court to adopt rules to govern the appointment of a guardian ad litem in proceedings relating to marital or domestic relations. (Sec. 1)

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8.                   SB 1389

9. Initials LC  Page 0 Judiciary

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