 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
guardianship proceedings; sealing of records
Purpose
Requires records related to a petition for guardianship to be sealed in outlined circumstances.
Background
Statute allows an alleged incapacitated person or any person interested in that person's affairs or welfare to petition for the appointment of a guardian (A.R.S. § 14-5303).
Statute allows a court to appoint a general or limited guardian, as requested, if the court finds by clear and convincing evidence that: 1) the person for whom a guardian is sought is incapacitated; 2) the appointment is necessary to provide for the demonstrated needs of the incapacitated person; and 3) the person's needs cannot be met by less restrictive means, including the use of appropriate technological assistance. The court may appoint a limited guardian and specify time limits on the guardianship and limitations on the guardian's powers (A.R.S. § 14-5304).
At the time of appointing a guardian, unless the appointment is due solely to the ward's physical incapacity, the court must transmit the ward's name, sex and date of birth, the last four digits of the ward's social security number, the court case number, the court originating agency identification number and the date of the guardian's appointment to the Arizona Supreme Court. The Arizona Supreme Court transmits the information to the Department of Public Safety (DPS) and DPS transmits the information to the National Instant Criminal Background Check System (A.R.S. § 14-5304).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a court to order that the file and records contained in a file be sealed if a petition for guardianship:
a) is withdrawn before an adjudication of incapacity;
b) is denied based on a finding that the allegation of incapacity is unproven; or
c) was filed frivolously or without merit.
2. Requires a court order after a showing of good cause to unseal the file.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2021
JA/kja