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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
guardianship; court appointments; care placement
Purpose
Specifies that a court may appoint a qualified physician, psychologist or registered nurse to evaluate an alleged incapacitated person during guardianship proceedings if the alleged incapacitated person does not already have an established relationship with one of the outlined providers. Outlines procedures relating to reasonable compensation of court-appointed evaluators in guardianship proceedings for alleged incapacitated persons.
Background
An alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order. On the filing of a petition, the court must set a hearing date on the issues of incapacity. The court must appoint an attorney to represent that person in the proceeding if the person is not already represented by independent counsel. The alleged incapacitated person must be interviewed by an investigator appointed by the court and examined by a physician, psychologist or registered nurse appointed by the court. The court may appoint the alleged incapacitated person's physician, psychologist or registered nurse if the court determines the physician, psychologist or registered nurse is qualified to evaluate the capacity of the alleged incapacitated person (A.R.S. § 14-5303).
An investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem who is appointed by the court during a guardianship proceeding of an alleged incapacitated person 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. If not otherwise compensated for services rendered, and if compensation by the ward or the petitioner is not feasible, the court must determine and pay reasonable compensation of appointed individuals as outlined. If a county pays for these services from state General Fund (state GF) appropriations, the county may charge the estate for reasonable compensation and the county treasurer must deposit any monies collected in the same fund from which the expenditure was made (A.R.S. § 14-5314).
The Joint Legislative Budget Committee fiscal note estimates that H.B. 2492 will have no impact on the state GF (JLBC Fiscal Note).
Provisions
1. Specifies that the court may appoint a physician, psychologist or registered nurse to evaluate an alleged incapacitated person who is subject to a petition for guardianship if the alleged incapacitated person does not have an established relationship with an outlined health care provider who is qualified to independently evaluate the person's capacity.
2. Specifies that, if the petition for guardianship is denied, the court may order the alleged incapacitated person or the petitioner to pay the costs of the independent evaluation.
3. Allows the court to order a county to pay reasonable compensation of an evaluator if a petition for guardianship is denied and payment for the cost of an independent evaluation from the alleged incapacitated person or petitioner is not feasible.
4. Allows the guardian of an incapacitated person to give any consents and approvals that may be necessary for the person to receive:
a) treatment in a community mental health residential treatment program;
b) in-home individual and family support prevention services; and
c) medication management and observation services.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
JUD 2/12/25 DP 8-0-1-0
3rd Read 2/20/25 43-15-2
Prepared by Senate Research
March 24, 2025
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