Assigned to JUD AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1038
probate advisory panel; establishment
Purpose
Establishes the Probate Advisory Panel (panel) and outlines membership and duties of the
panel. Requires the panel to hold an annual public hearing on how to improve adult guardianship
and conservatorship laws through statutory changes and requires the panel to submit a report of its
findings on or before November 15 of each year.
Background
The purpose of the probate jurisdiction of the courts is: 1) to simplify and clarify the law
concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated
persons; 2) to discover and make effective the intent of a decedent in distribution of the decedent's
property; 3) to promote a speedy and efficient system for liquidating the estate of the decedent and
making distribution to the decedent's successors; 4) to facilitate use and enforcement of certain
trusts; and 5) to make uniform the law among the various jurisdictions (A.R.S. § 14-1102).
A person becomes a guardian of a minor by acceptance of a testamentary appointment or
upon appointment by the court. The guardianship status continues until terminated, without regard
to the location from time to time of the guardian and minor ward. A person becomes a guardian of
an incapacitated person by a parental or spousal appointment or on appointment by the court. The
guardianship continues until it is terminated, without regard to the location of the guardian or the
ward (A.R.S. §§ 14-5201 and 14-5301.02).
The court may appoint a conservator on petition and after notice and a hearing in relation
to the estate and affairs of a minor if the court determines that a minor owns money or property
that requires management or protection that cannot otherwise be provided, or the minor has or may
have affairs that may be jeopardized or prevented by minority or that funds are needed for the
minor's support and education and that protection is necessary or desirable to obtain or provide
funds. The court may also appoint a conservator in relation to the estate and affairs of a person if
the court finds that; 1) the person is unable to manage the person's estates and affairs due to mental
illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs,
chronic intoxication, confinement, detention by a foreign power or disappearance; and 2) that 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 by the person and that protection is necessary or desirable to obtain or provide funds.
(A.R.S. § 14-5401)
The court must appoint a public fiduciary for those persons or decedents' estates in need of
guardianship, conservatorship or administration and for whom there is no person or corporation
qualified and willing to act in that capacity (A.R.S. § 14-5602). FACT SHEET – Amended
S.B. 1038
Page 2
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Establishes the panel in the Office of the Governor.
2. Outlines that the panel is comprised of the following members:
a) two public members who are guardians or conservators of an adult child or a sibling who
is a ward and who are not court appointed, one of which is to be appointed by the President
of the Senate and the other to be appointed by the Speaker of the House of Representatives,
after first consulting with the Minority Leaders of the Senate and the House of
Representatives;
b) two public members who are guardians or conservators of a family member other than an
adult child or sibling of the guardian or conservator and who are not court appointed, one
of which is to be appointed by the President of the Senate and the other to be appointed by
the Speaker of the House of Representatives, after first consulting with the Minority
Leaders of the Senate and the House of Representatives;
c) two members who are advocates for family members who have been parties to an adult
guardianship or conservatorship matter in Arizona, one of which is to be appointed by the
President of the Senate and the other to be appointed by the Speaker of the House of
Representatives, after first consulting with the Minority Leaders of the Senate and the
House of Representatives;
d) one public fiduciary who is licensed by the Arizona Supreme Court and who is from a
county with a population of less than 500,000 persons to be appointed by the Governor;
e) one fiduciary, who is not a public fiduciary, licensed by the Arizona Supreme Court and
who is from a county with a population of more than 500,000 persons, to be appointed by
the Governor;
f) one attorney who has a minimum of four years experience in guardianship and
conservatorship proceedings, to be appointed by the Governor;
g) 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 500,000 persons, to be appointed by the Chief Justice of the Supreme Court;
and
h) one clerk of the superior court, to be appointed by the Chief Justice of the Supreme Court.
3. Requires the panel to:
a) select a chairperson at its first annual meeting;
b) hold a public hearing at least once per year, or at the request of the chairperson, on how to
improve the adult guardianship and conservatorship laws through statutory changes;
c) submit a report of its findings and recommendations on or before November 15 of each
year to the Governor, the Speaker of the House of Representatives, the President of the
Senate and the Chief Justice of the Supreme Court; and
d) provide a copy of each report to the Secretary of State.
4. Allows the panel, when the panel finds it appropriate, to consult with medical professionals
including neuropsychologists, psychologists, or psychiatrists.
5. Prohibits panel members from receiving compensation or reimbursement of expenses. FACT SHEET – Amended
S.B. 1038
Page 3
6. Limits the initial terms of the members of the panel to:
a) four terms ending January 1, 2025;
b) four terms ending January 1, 2026; and
c) three terms ending January 1, 2027.
7. Requires the President of the Senate, the Speaker of the House of Representatives, the
Governor, and the Chief Justice of the Supreme Court to make all subsequent appointments as
prescribed.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that the two public members of the panel who are guardians of an adult child or a
sibling who is a ward are not court appointed.
2. Specifies that the two public members of the panel who are conservators of a parent who is a
protected person are not court appointed.
3. Adds two additional members to the panel who are advocates for victims of probate abuse with
one of each to be appointed by the President of the Senate and the Speaker of the House of
Representatives.
4. Modifies the staggered panel terms to account for the additional two members.
5. Adds that, when selecting the two public members who are guardians of an adult child or a
sibling who is a ward, that the President of the Senate and the Speaker of the House of
Representatives must consult with the Minority Leaders of the Senate and House of
Representatives.
6. Adds that, when selecting the two public members who are conservators of a parent who is a
protected person, the President of the Senate and the Speaker of the House of Representatives
must consult with the Minority Leaders of the Senate and the House of Representatives.
Amendments Adopted by Committee of the Whole
1. Replaces the two additional members to the panel who are advocates for victims of probate
abuse with two members who are advocates for family members who have been parties to an
adult guardianship or conservatorship in Arizona.
2. Requires the President of the Senate and the Speaker of the House of Representatives to consult
with the Minority Leader in the Senate and the House when selecting the two members who
are advocates for family members who have been parties to an adult guardianship or
conservatorship.
3. Modifies requirements for panel membership by:
a) removing the prohibition against public members of the panel being court appointed;
b) allowing conservators of an adult child or a sibling who is a ward to serve on the panel;
c) allowing a conservator of a family member other than an adult child or sibling of the
guardian or conservator, rather than of a parent who is a protected person, to serve on the
panel; and
d) allowing a guardian of a family member other than an adult child or sibling of the guardian
or conservator to serve on the panel. FACT SHEET – Amended
S.B. 1038
Page 4
4. Modifies the end date of each staggered term by one year.
5. Allows the panel, when the panel finds it appropriate, to consult with medical professionals
including neuropsychologists, psychologists or psychiatrists.
6. Makes technical and conforming changes.
Senate Action
JUD 1/26/23 DPA 7-0-0
Prepared by Senate Research
January 27, 2023
ZD/KS/sr