SB 1038
Initials JL/GC Page 1 Judiciary
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
SB 1038: probate advisory panel; establishment
Sponsor: Senator Kavanagh, LD 3
Committee on Judiciary
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 SB 1038
Initials JL/GC Page 2 Judiciary
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1038
Initials JL/GC Page 3 Judiciary
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)