ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DPA 7-0-0-0 | 3^rd Read DPA 27-2-1-0-0 House: JUD DPA 8-0-0-0-0-0

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SB 1038: probate advisory panel; establishment

Sponsor: Senator Kavanagh, LD 3

Caucus & COW

Overview

Establishes the Probate Advisory Panel (Panel) and outlines the membership, duties and appointment processes of the Panel.

History

Current law allows individuals to submit a petition to a court requesting the appointment of a conservator. The court must then review the petition and provide notice of the hearing on the petition. The court may authorize the appointment of a conservator in relation to the estate and affairs of a person provided that the court finds both of the following on record:

1) The person is unable to manage the person's estate and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance; and

2) The person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported y the person and that protection is necessary or desirable to obtain or provide funds.

The court may require each person who seeks appointment as a conservator to provide a full set of fingerprints to enable the court to conduct a criminal background investigation. The completed fingerprint card must be submitted to the Department of Public Safety (A.R.S. § 14-5401).

Statute outlines the current functions and roles of courts with probate jurisdiction, including the responsibilities of:

1) Simplifying and clarifying the laws concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons;

2) Discovering and make effective the intent of a decedent in distribution of his property;

3) Promoting a speed and efficient system for liquidating the estate of the decedent and making distribution to his successors;

4) Facilitating use and enforcement of certain trusts; and

5) Making the law uniform among the various jurisdictions (A.R.S. § 14-1102).

Conservator is defined to mean a person who is appointed by a court to manage the estate of a protected person. Guardian is defined as a person who is qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely guardian ad litem and a person appointed by the court to make decisions regarding the support, care, education, health and welfare of a minor or an adult. Incapacitated person means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. Protected person means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. Ward is defined as a person for whom a guardian has been appointed. (A.R.S. §§ 14-1201, 14-5101, 14-10103)

Provisions

1. Establishes the Panel in the Office of the Governor. (Sec. 1)

2. Specifies that the members of the Panel are to be appointed in staggered four-year terms.

3. Outlines the composition of the Panel and the appointment process as follows:

a) The following members are to be appointed by the President of the Senate and the Speaker of the House of Representatives, in consultation with the minority leaders of the Senate and House of Representatives:

i) Two public members who are guardians or conservators of an adult child or sibling who is a ward;

ii) Two public members who are guardians or conservators of a family member other than an adult child or sibling; and

iii) Two members who are advocates for family members who have been parties to an adult guardianship or conservatorship matter in Arizona;

b) The following members are to be appointed by the Governor:

i) One public fiduciary who is licensed pursuant to A.R.S. § 14-5651 and who is from a county with a population greater than 500,000 people; and

ii) One attorney who has a minimum of four years of experience in guardianship and conservatorship proceedings;

c) The following members are to be appointed by the Chief Justice of the Supreme Court:

i) One judicial officer who has a minimum of two years of experience presiding over guardianship and conservatorship proceedings and who is from a county with a population greater than 500,000 people; and

ii) One clerk of the superior court. (Sec. 1)

4. Requires the Panel to select a chairperson at its first annual meeting. (Sec. 1)

5. Mandates the Panel to hold a public hearing on how to improve the adult guardianship and conservatorship laws through statutory changes at least once each year, or at the discretion of the chairperson. (Sec. 1)

6. Allows the Panel to consult with medical professionals including neuropsychologists, psychologists or psychiatrists. (Sec. 1)

7. Requires the Panel on or before November 15 of each year, to submit a report of its findings and recommendations to the following parties:

a) The Governor;

b) The Speaker of the House of Representatives;

c) The President of the Senate;

d) The Chief Justice of the Supreme Court; and

e) The Secretary of State. (Sec. 1)

8. Specifies that members of the Panel are not eligible for compensation or reimbursement of expenses. (Sec. 1)

9. Outlines the members of the Panel's initial terms as follows:

a) Four terms ending January 1, 2025;

b) Four terms ending January 1, 2026; and

c) Three terms ending January 1, 2027. (Sec. 2)

10. Requires the Governor, Speaker of the House of Representatives, President of the Senate and the Chief Justice of the Supreme Court to make all subsequent appointments as prescribed by statute. (Sec. 2)

Amendments

Committee on Judiciary

1. Requires the Panel to host quarterly public hearings on how to improve the adult guardianship and conservatorship laws through statutory changes.

2. Establishes a repeal date of January 1, 2026.

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6.                   SB 1038

7. Initials JL/GC        Page 0 Caucus & COW

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