House Engrossed Senate Bill

probate advisory panel; establishment

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SENATE BILL 1038

An Act

amending title 14, chapter 1, article 1, Arizona Revised Statutes, by adding section 14-1110; repealing section 14-1110, Arizona Revised Statutes; relating to probate provisions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 14, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 14-1110, to read:

START_STATUTE14-1110. Probate advisory panel; membership; duties; annual report

A. The probate advisory panel is established in the office of the governor. The panel consists of the following members who are appointed to staggered four-year terms:

1. Two public members who are guardians or conservators of an adult child or a sibling who is a ward.  The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of the house of representatives, shall each appoint one member.

2. Two public members who are guardians or conservators of a family member other than an adult child or sibling of the guardian or conservator. The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of the house of representatives, shall each appoint one member.

3. two members who are advocates for family members who have been parties to an adult guardianship or conservatorship matter in this state.  The president of the senate and the speaker of the house of representatives, in consultation with the minority leader of the senate and the minority leader of THE house of REPRESENTATIVES, shall each appoint one member.

4. One public fiduciary who is licensed pursuant to section 14-5651 and who is from a county with a population of less than five hundred thousand persons.  The governor shall appoint this member.

5. One fiduciary, other than a public fiduciary, who is licensed pursuant to section 14-5651 and who is from a county with a population of more than five hundred thousand persons.  The governor shall appoint this member.

6. One attorney who has a minimum of four years experience in guardianship and conservatorship proceedings.  The governor shall appoint this member.

7. One judicial officer who has a minimum of two years experience presiding over guardianship and conservatorship proceedings and who is from a county with a population of more than five hundred thousand persons. The chief justice of the supreme court shall appoint this member.

8. One clerk of the superior court. The chief justice of the supreme court shall appoint this member.

B. The panel:

1. shall select a chairperson at its first quarterly meeting.

2. Shall hold public hearings at least quarterly, or at the call of the chairperson, on how to improve the adult guardianship and conservatorship laws through statutory changes.

3. When the panel finds it appropriate, may consult with medical professionals including neuropsychologists, psychologists or psychiatrists.

4. On or before November 15 of each year, shall submit a report of its findings and recommendations to the governor, the speaker of the house of representatives, the president of the senate and the chief justice of the supreme court.  The panel shall provide a copy of each report to the secretary of state.

C. Panel members are not eligible for compensation or reimbursement of expenses. END_STATUTE

Sec. 2. Initial terms of members

A. Notwithstanding section 14-1110, Arizona Revised Statutes, as added by this act, the initial terms of the members of the probate advisory panel are:

1. Four terms ending January 1, 2025.

2. Four terms ending January 1, 2026.

3. Three terms ending January 1, 2027.

B. The governor, the speaker of the house of representatives, the president of the senate and the chief justice of the supreme court shall make all subsequent appointments as prescribed by statute.

Sec. 3. Delayed repeal

Section 14-1110, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2027.