ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: JUD DP 8-0-0-0 | 3^rd Read 30-0-0-0

---

SB 1415: guardianship proceedings; sealing of records

Sponsor:  Senator Barto, LD 15

Committee on Judiciary

Overview

Permits the court to prohibit public access to files regarding petitions for guardianship.

History

The court may appoint a guardian as requested if there is clear and convincing evidence that the individual being appointed a guardian:

1) Is incapacitated;

2) Requires a guardian to provide for demonstrated needs; and

3) Has needs that cannot be met by less restrictive means. 

Unless the appointment of a guardian is due solely to the ward’s physical incapacity, the court is required to collect and transmit the following information about the ward to the department of public safety:

1) Name;

2) Sex;

3) Date of birth;

4) Last four digits of the ward’s social security number; and

5) If available, the court case number, the court originating agency identification number and date of the guardian’s appointment to the supreme court (A.R.S. § 14-5305).

Provisions

1. Permits the court to prohibit public access to a file regarding a petition for guardianship, the records contained in the file or information about the file if the petition for guardianship:

a) Is withdrawn before an adjudication of incapacity;

b) Is denied on the basis that the allegation of incapacity is unproven; or

c) Was filed without merit. (Sec. 1)

2. Allows the court to restore public access to a file regarding a petition for guardianship and related information in a subsequent court order provided there is a showing of good cause. (Sec. 1)

3.

4.

5. ---------- DOCUMENT FOOTER ---------

6.                   SB 1415

7. Initials LC/PN        Page 0 Judiciary

8.

9. ---------- DOCUMENT FOOTER ---------