ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: JUD DPA 5-3-0-0 | 3^rd Read 28-2-0-0

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SB 1390: guardian ad litem; protective proceeding

Sponsor:  Senator Barto, LD 15

Committee on Judiciary

Overview

Allows the court to appoint a guardian ad litem for outlined types of individuals in trust, estate or protective proceedings if the representation of their interests would otherwise be inadequate.

History

A guardian ad litem is a court-appointed representative in estate litigation who may receive notice, give consent and otherwise represent the following individuals:

1) A minor;

2) An incapacitated person;

3) An unborn child; or

4) A person whose identity or location is unknown.

As a representative, the guardian ad litem may act on behalf of the person represented for any matter of trust, estate or protective proceedings, regardless of whether a judicial proceeding is pending or not (A.R.S. §§  14-1201; 14-408).

Provisions

1. Allows the court to appoint a guardian ad litem in a trust, estate or protective proceeding to represent the interest of a minor, an incapacitated, unborn or unascertained person or a person whose identity or address is unknown. (Sec. 3)

2. Requires, for the appointment of a guardian ad litem, the court to determine that the representation of the interest would otherwise be inadequate and state the basis for the appointment in it order appointing the guardian ad litem. (Sec. 3)

3. Permits the court to appoint a single guardian ad litem to represent several people or interests if there is not a conflict of interests. (Sec. 3)

4. Provides for the compensation of a guardian ad litem for incapacitated and disabled persons and minors. (Sec. 4, 5)

5. Requires notice to be given to a guardian ad litem, rather than a representative, for an adjudication allowing an intermediate or final account. (Sec. 6)

6. Allows a court to appoint a representative only if a beneficiary's interest is not represented under the Arizona Trust Code, rather than any interest not being represented under estate litigation generally. (Sec. 7)

7. States that a representative may be appointed in addition to a guardian ad litem in trust cases. (Sec. 7)

8. Specifies that a guardian ad litem is not a guardian for the purposes of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (Sec. 8)

9. Transfers statute relating to the appointment of a representative from Title 14, Chapter 1 General Provisions, Definitions and Probate Jurisdiction of Courts to Title 14, Chapter 11 Arizona Trust Code. (Sec. 2)

10. Makes technical and conforming changes. (Sec. 1, 4, 5, 7, 8)

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14.                   SB 1390

15. Initials LC/AF        Page 0 Judiciary

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