ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 8-0-1-0

HB 2492: guardianship; court appointments; care placement

Sponsor: Representative Hernandez C, LD 21

House Engrossed

Overview

Allows the court to appoint a medical professional to evaluate an alleged incapacitated person’s capacity under certain conditions, modifies responsibility for evaluation costs, and expands a guardian’s authority to consent to certain treatment services for a ward.

History

Guardianship is a legal arrangement where a court appoints a guardian to make personal decisions for a person (called a ward) who is unable to make such decisions for himself due to incapacity. A guardian is responsible for the personal care and decisions of the ward, such as healthcare or living arrangements. Guardianship is distinct from conservatorship; a conservator is responsible for managing an incapacitated person’s financial affairs. The same person may serve both roles, but they are distinct legal arrangements (A.R.S. Title 14, Chapter 5).

An individual or any interested party may file a petition with the court for guardianship of an alleged incapacitated person. The court, upon receiving such petition, must schedule a hearing and ensure the alleged incapacitated person has legal representation. A court-appointed investigator and a physician, psychologist or registered nurse (medical professional) must assess the person's condition and submit their reports to the court. The person has the right to be present at the hearing, cross-examine witnesses, present evidence, and request a jury trial (A.R.S. § 14-5303).

Provisions

1. Asserts that the court may appoint a medical professional to perform an independent evaluation of an alleged incapacitated person's capacity if:

a) The person does not have an established relationship with a medical professional who is qualified to perform the evaluation; and

b) If a guardianship petition is filed, or upon the court's own motion. (Sec. 2)

2. Permits, if a guardianship petition is denied, the court to order the alleged incapacitated person or the petitioner to pay the costs of the evaluation. (Sec. 2)

3. Stipulates, if the court determines that the alleged incapacitated person or the petitioner are unable to pay the costs of the evaluation, that the court may order the county of jurisdiction to pay the costs. (Sec. 2)

4. Permits a guardian to consent to treatment for a ward in:

a) A community residential treatment program;

b) An in-home individual and family support prevention service; or

c) A medication management and observation service. (Sec. 3)

5. Makes technical and conforming changes. (Sec. 1-3)

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9. HB 2492

10. Initials NM Page 0 House Engrossed

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