|
REFERENCE TITLE: guardian ad litem; protective proceeding |
|
State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
|
|
SB 1390 |
|
|
|
Introduced by Senator Barto
|
AN ACT
amending Title 14, chapter 5, article 1, Arizona Revised Statutes, by adding section 14-5111; amending sections 14‑5314 and 14‑5414, Arizona Revised Statutes; relating to protection of persons under disability and their property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 14, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 14-5111, to read:
14-5111. Guardian ad litem
The court at any time may appoint a guardian ad litem for an individual if the court determines that the individual’s best interest otherwise would not be represented or adequately protected. If a conflict of interest does not exist, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not be the same individual as the attorney representing the respondent. The court shall clearly state in a written order the reasons for the appointment, the rights, duties and responsibilities of the guardian ad litem and the duration of the appointment.
Sec. 2. Section 14-5314, Arizona Revised Statutes, is amended to read:
14-5314. Compensation of appointees; definitions
A. If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist, or guardian or guardian ad litem who is appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14‑5303, subsection C, is entitled to reasonable compensation from the estate of the ward if the petition is granted, or from the petitioner if the petition is denied.
B. If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner's failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist, or guardian or guardian ad litem appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14‑5303, subsection C, be paid either from the ward's estate or by the petitioner, depending on the facts and circumstances. In making this determination, the court may consider any evidence it deems appropriate.
C. A lawyer who is employed by the guardian to represent the guardian in the guardian's appointment or duties as guardian is entitled to reasonable compensation from the ward's estate if the petition is granted. If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner's failure to prosecute, the court may order that the compensation of the proposed guardian's lawyer be paid either from the ward's estate or by the petitioner, depending on the facts and circumstances. In making these determinations, the court may consider any evidence it deems appropriate.
D. A lawyer who is employed by the petitioner to represent the petitioner in seeking the appointment of a guardian is entitled to reasonable compensation from the ward's estate if the petition is granted.
E. If the court compensates the provider of a service, the court may charge the estate for the reasonable cost of the service and shall deposit these monies in the probate fund pursuant to section 14‑5433.
F. If compensation by the ward or the petitioner is not feasible the court shall determine and pay reasonable compensation for services rendered by an investigator, accountant, lawyer, physician, registered nurse, psychologist, or guardian or guardian ad litem appointed in a guardianship proceeding.
G. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.
H. For the purposes of this section:
1. "Guardian" includes both a guardian and a temporary guardian.
2. "Petition" means a petition filed pursuant to section 14‑5303, subsection A or section 14‑5310, subsection A.
3. "Ward" includes an alleged incapacitated person.
Sec. 3. Section 14-5414, Arizona Revised Statutes, is amended to read:
14-5414. Compensation and expenses; definitions
A. If not otherwise compensated for services rendered, any investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed in a protective proceeding, including a lawyer of the person alleged to be in need of protection pursuant to section 14‑5407, subsection B, is entitled to reasonable compensation from the estate of the protected person if the petition is granted or from the petitioner if the petition is denied.
B. If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner's failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed pursuant to this article, including a lawyer of the person alleged to be in need of protection pursuant to section 14‑5407, subsection B, be paid either from the protected person's estate or by the petitioner, depending on the facts and circumstances. In making these determinations, the court may consider any evidence it deems appropriate.
C. A lawyer who is employed by the conservator to represent the conservator in the conservator's appointment or duties as conservator is entitled to reasonable compensation from the estate if the petition is granted. If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner's failure to prosecute, the court may order that the compensation of the proposed conservator's lawyer be paid either from the protected person's estate or by the petitioner, depending on the facts and circumstances. In determining which party shall pay, the court may consider any evidence it deems appropriate.
D. A lawyer who is employed by the petitioner to represent the petitioner in seeking the appointment of a conservator is entitled to reasonable compensation from the protected person's estate if the petition is granted.
E. If the court pays for any of these services it may charge the estate for reasonable compensation. The clerk shall deposit monies it collects in the probate fund pursuant to section 14‑5433.
F. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.
G. Compensation payable to the department of veterans' services, when acting as a conservator of the estate of a veteran or a veteran's surviving spouse or minor child or the incapacitated spouse of a protected veteran, shall not be more than five per cent percent of the amount of monies received during the period covered by the conservatorship. A copy of the petition and notice of hearing shall be given to the proper officer of the veterans administration United States department of veterans affairs in the manner provided in the case of any hearing on a guardian's account or any other pleading. A commission or compensation is not allowed on the monies or other assets received from a prior conservator or on the amount received from liquidation of loans or other investments.
H. For the purposes of this section:
1. "Conservator" includes a conservator, temporary conservator or special conservator.
2. "Petition" means a petition filed pursuant to section 14‑5401.01, subsection A or section 14‑5404, subsection A.
3. "Protected person" includes a person who is alleged to be in need of protection.