| 72 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 14-1102, Arizona Revised Statutes, is amended to read: START_STATUTE14-1102. Purposes; rule of construction A. This title shall be liberally construed and applied to promote its underlying purposes and policies. B. The underlying purposes and policies of this title are: 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 his property. 3. To promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors. 4. To promote a speedy, efficient and inexpensive system for resolving disputes under chapter 5 of this title while ensuring that the due process and other constitutional rights of the persons subject to such proceedings are protected. 5. To provide just and appropriate remedies for parties who incur damages as the result of vexatious conduct, as defined by court rule, or other unreasonable conduct, during proceedings brought pursuant to this title, without impinging on the rights of individuals who are the subject of proceedings under chapter 5 of this title. 4. 6. To facilitate use and enforcement of certain trusts. 5. 7. To make uniform the law among the various jurisdictions. END_STATUTE Sec. 2. Section 14-1201, Arizona Revised Statutes, as amended by Laws 2023, chapter 32, section 1, is amended to read: START_STATUTE14-1201. Definitions In this title, unless the context otherwise requires: 1. "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, a person who is authorized to make decisions concerning another person's health care and a person who is authorized to make decisions for another person under a natural death act. 2. "Application" means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title. 3. "Basis for compensation" means an hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs. 4. "Beneficiary", as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and includes the owner of an interest by assignment or other transfer. As it relates to a charitable trust, beneficiary includes any person entitled to enforce the trust. As it relates to a beneficiary of a beneficiary designation, beneficiary refers to a beneficiary of an insurance or annuity policy, an account with pay on death designation, a security registered in beneficiary form or a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death. As it relates to a beneficiary designated in a governing instrument, beneficiary includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee or taker in default of a power of appointment and a person in whose favor a power of attorney or a power held in any person, fiduciary or representative capacity is exercised. 5. "Beneficiary designation" refers to a governing instrument naming a beneficiary of an insurance or annuity policy, of an account with pay on death designation, of a security registered in beneficiary form or of a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death. 6. "Certified paper original" means a tangible medium that contains both the text of an electronic will and any self-proving affidavit concerning the electronic will and that is accompanied by an affidavit that is executed pursuant to section 14-2523. 7. "Child" includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. Child excludes a person who is only a stepchild, a foster child, a grandchild or a more remote descendant. 8. "Claims", in respect to estates of decedents and protected persons, includes liabilities of the decedent or the protected person, whether arising in contract, in tort or otherwise, and liabilities of the estate that arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. Claims do not include estate or inheritance taxes or demands or disputes regarding title of a decedent or a protected person to specific assets alleged to be included in the estate. 9. "Community property" means that property of a husband and wife that is acquired during the marriage and that is community property as prescribed in section 25-211. 10. "Conservator" means a person who is appointed by a court to manage the estate of a protected person. 11. "Court" means the superior court. 12. "Dependent child" means a minor child whom the decedent was obligated to support or an adult child who was in fact being supported by the decedent at the time of the decedent's death. 13. "Descendant" means all of the decedent's descendants of all generations, with the relationship of parent and child at each generation. 14. "Devise", when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. 15. "Devisee" means a person designated in a will to receive a devise. For the purposes of chapter 3 of this title, in the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees. 16. "Disability" means cause for a protective order as described in section 14-5401. 17. "Distributee" means any person who has received property of a decedent from that person's personal representative other than as a creditor or purchaser. Distributee includes a testamentary trustee only to the extent of distributed assets or increment that remains in that person's hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For the purposes of this paragraph, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets. 18. "Electronic" means having electrical, digital, magnetic, optical, electromagnetic or similar capabilities. 19. "Electronic record" means a record that is created, generated, sent, communicated, received or stored by electronic means. 20. "Electronic signature" means an electronic method or process that does both of the following: (a) Is attached to or logically associated with an electronic record and that is executed or adopted by a person with the intent to sign the electronic record. (b) Uses a security procedure that allows a determination that the electronic signature was all of the following: (i) Unique to the person using it. (ii) Capable of verification. (iii) Under the sole control of the person making the electronic signature. (iv) Linked to the electronic record to which the electronic signature relates in a manner so that if the electronic record is changed the electronic signature is invalidated. 21. "Electronic will" means a testamentary instrument that is executed and maintained on an electronic medium and that is executed in compliance with section 14-2518. 22. "Electronically present" means two or more individuals who are in a different physical location and who are communicating by means of technology that enables all individuals to see and hear each other in real time to the same extent as if the individuals were physically present in the same location. 23. "Estate" includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title. 24. "Exempt property" means that property of a decedent's estate that is described in section 14-2403. 25. "Fiduciary" includes a personal representative, guardian, conservator and trustee. 26. "Foreign personal representative" means a personal representative who is appointed by another jurisdiction. 27. "Formal proceedings" means proceedings that are conducted before a judge with notice to interested persons. 28. "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with pay on death designation, security registered in beneficiary form, pension, profit sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney or supported decision-making agreement or a dispositive, appointive or nominative instrument of any similar type. 29. "Guardian" means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely a guardian ad litem. 30. "Guardian ad litem" includes a person who is appointed pursuant to section 14-1408. 31. "Heirs", except as controlled by section 14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent. 32. "Incapacitated person" has the same meaning prescribed in section 14-5101. 33. "Informal proceedings" means those proceedings conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative. 34. "Interested person" includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. Interested person also includes a person who has priority for appointment as personal representative and other fiduciaries representing interested persons. Interested person, as the term relates to particular persons, may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding. 35. "Issue" of a person means descendant as defined in this section. 36. "Joint tenants with the right of survivorship" and "community property with the right of survivorship" includes co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others but excludes forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution. 37. "Lease" includes any oil, gas or other mineral lease. 38. "Letters" includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship. 39. "Minor" means a person who is under eighteen years of age. 40. "Mortgage" means any conveyance, agreement or arrangement in which property is encumbered or used as security. Mortgage does not include leases or easements. 41. "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of the decedent's death. 42. "Organization" means a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency or any other legal or commercial entity. 43. "Original will" means either an original paper will or a certified paper original of an electronic will. 44. "Paper will" means a testamentary instrument that is executed and maintained on a tangible medium and that is executed in compliance with section 14-2502 or 14-2503. 45. "Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent. 46. "Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision or any other person who is authorized or obligated by law or a governing instrument to make payments. 47. "Person" means an individual or an organization. 48. "Personal representative" includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. A general personal representative excludes a special administrator. 49. "Petition" means a written request to the court for an order after notice. 50. "Proceeding" includes action at law and suit in equity. 51. "Property" has the same meaning prescribed in section 14-10103. 52. "Protected person" has the same meaning prescribed in section 14-5101. 53. "Protective proceeding" has the same meaning prescribed in section 14-5101. 54. "Qualified custodian" means a person who fulfills the requirements of section 14-2520. 55. "Registrar" means the official of the court who is designated to perform the functions of registrar as provided in section 14-1307. 56. "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under that title or lease, collateral trust certificate, transferable share or voting trust certificate and, in general, includes any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of these securities. 57. "Separate property" means that property of a husband or wife that is the spouse's separate property as defined in section 25-213. 58. "Settlement", in reference to a decedent's estate, includes the full process of administration, distribution and closing. 59. "Special administrator" means a personal representative as described by sections 14-3614 through 14-3618. 60. "State" has the same meaning prescribed in section 14-10103. 61. "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. 62. "Successors" means persons, other than creditors, who are entitled to property of a decedent under a will or this title. 63. "Supervised administration" refers to the proceedings described in chapter 3, article 5 of this title. 64. "Survive" means that a person has neither predeceased an event, including the death of another person, nor is deemed to have predeceased an event under section 14-2104 or 14-2702. 65. "Tangible medium" means a medium on which information may be inscribed by writing, typing, printing or similar means and that is perceivable by reading directly from the medium on which the information is inscribed. 66. "Testacy proceeding" means a proceeding to establish a will or determine intestacy. 67. "Testator" includes a person of either sex. 68. "Trust" includes an express trust, private or charitable, with any additions, wherever and however created. Trust also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. Trust excludes other constructive trusts and excludes resulting trusts, conservatorship, personal representatives, trust accounts, custodial arrangements pursuant to chapter 7, article 7 of this title, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions or employee benefits of any kind, trusts created by a city or town for the payment of medical insurance, health care benefits or expenses, long-term or short-term disability, self insurance reserves and similar programs administered by a city or town, legal defense trusts and any arrangement under which a person is nominee or escrowee for another. 69. "Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by the court. 70. "Ward" has the same meaning prescribed in section 14-5101. 71. "Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. A will may be a paper will or an electronic will. END_STATUTE Sec. 3. Section 14-1306, Arizona Revised Statutes, is amended to read: START_STATUTE14-1306. Jury trial A. If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. B. If there is no right to trial by jury under subsection A of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only. END_STATUTE Sec. 4. Section 14-1401, Arizona Revised Statutes, is amended to read: START_STATUTE14-1401. Notice; method and time of giving; damage A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given either: 1. By mailing a copy thereof at least fourteen days before the time set for the hearing by certified, or registered or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known. 2. By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing. 3. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, or when otherwise required under this title, by publishing at least three times prior to before the date set for the hearing a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the first publication of which is to be at least fourteen days before the hearing. B. The court for good cause shown may provide for a different method or time of giving notice for any hearing. C. Proof of the giving of notice shall be made at or before the hearing and filed in the proceeding. END_STATUTE Sec. 5. Title 14, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 14-5111, to read: START_STATUTE14-5111. Duties of appointed attorney; contempt A. No later than seven calendar days before the initial hearing on a petition for the appointment of a permanent guardian or permanent conservator, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall fulfill the following minimal duties: 1. Interview the alleged incapacitated person or person allegedly in need of protection. 2. Inform the alleged incapacitated person or person allegedly in need of protection of all the following: (a) The right to a trial by jury pursuant to section 14-1306. (b) The right to select an attorney of the person's choosing. If the attorney is appointed by the court, the attorney shall explain to the alleged incapacitated person or person allegedly in need of protection that the person may hire a different attorney at the person's own expense. (c) The right of the alleged incapacitated person or person allegedly in need of protection to appear in court and have any person the alleged incapacitated person or person allegedly in need of protection wishes to be present with the alleged incapacitated person or person allegedly in need of protection. (d) A review of the court process, timelines and expected future proceedings. 3. Provide the incapacitated person or person allegedly in need of protection with a copy of the supreme court promulgated order to a guardian, order to conservator or order to guardian and conservator that the court will enter if the relief requested in the petition is granted. B. At the initial hearing on the petition for appointment, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall attest to the court that the attorney has fulfilled the requirements prescribed in this section or shall provide an explanation as to why the attorney has been unable to comply with the requirements prescribed in this section. C. The court may find an attorney who fails to fulfill the duties prescribed in this section in contempt of court. END_STATUTE Sec. 6. Section 14-5303, Arizona Revised Statutes, is amended to read: START_STATUTE14-5303. Procedure for court appointment of a guardian of an alleged incapacitated person A. The 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. B. The petition shall contain a statement that the authority granted to the guardian may include the authority to withhold or withdraw life sustaining treatment, including artificial food and fluid, and shall state, at a minimum and to the extent known, all of the following: 1. The interest of the petitioner. 2. The name, age, residence and address of the alleged incapacitated person. 3. The name, address and priority for appointment of the person whose appointment is sought. 4. The name and address of the conservator, if any, of the alleged incapacitated person. 5. The name and address of the nearest relative of the alleged incapacitated person known to the petitioner. 6. A general statement of the property of the alleged incapacitated person, with an estimate of its value and including any compensation, insurance, pension or allowance to which the person is entitled. 7. The reason why appointment of a guardian or any other protective order is necessary. 8. The type of guardianship requested. If a general guardianship is requested, the petition must state that other alternatives have been explored and why a limited guardianship is not appropriate. If a limited guardianship is requested, the petition also must state what specific powers are requested. 9. If a legal decision-making, parenting time or visitation order was previously entered regarding an alleged incapacitated person in a marriage dissolution, legal separation or paternity action in this state or another jurisdiction and the petitioner or proposed guardian is a parent of the alleged incapacitated person or a nonparent who has been awarded legal decision-making as to the alleged incapacitated person, the court and case number for that action or proceeding and include a copy of the most recent court order regarding legal decision-making, parenting time and visitation. 10. If the appointment of a guardian is necessary due solely to the physical incapacity of the alleged incapacitated person. 11. Whether the alleged incapacitated person is the principal under a health care power of attorney, and, if so, a copy of that health care power of attorney must be attached to the petition. 12. Whether the alleged incapacitated person is the principal under a durable power of attorney in which the alleged incapacitated person has nominated someone to serve as guardian, and, if so, a copy of that durable power of attorney must be attached to the petition. 13. Whether the alleged incapacitated person has a present vested interest in a trust, and, if so, the name of the trust and the current trustee of the trust. C. On the filing of a petition, the court shall set a hearing date on the issues of incapacity. Unless the alleged incapacitated person is represented by independent counsel, the court shall appoint an attorney to represent that person in the proceeding. The alleged incapacitated person shall be interviewed by an investigator appointed by the court and shall be examined by a physician, psychologist or registered nurse appointed by the court. If the alleged incapacitated person has an established relationship with a physician, psychologist or registered nurse who is determined by the court to be qualified to evaluate the capacity of the alleged incapacitated person, the court may appoint the alleged incapacitated person's physician, psychologist or registered nurse pursuant to this subsection. The investigator and the person conducting the examination shall submit their reports in writing to the court. In addition to information required under subsection D of this section, the court may direct that either report include other information the court deems appropriate. The investigator also shall interview the person seeking appointment as guardian, visit the present place of abode of the alleged incapacitated person and the place where it is proposed that the person will be detained or reside if the requested appointment is made and submit a report in writing to the court. The alleged incapacitated person is entitled to be present at the hearing and to see or hear all evidence bearing on that person's condition. The alleged incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and investigator, and to trial by jury. The court may determine the issue at a closed hearing if the alleged incapacitated person or that person's counsel so requests. D. At the initial hearing on the petition, the court shall read into the record the notice of right to trial by jury as stated in the notice of hearing. D. E. A report filed pursuant to this section by a physician, psychologist or registered nurse acting within that person's scope of practice shall include the following information: 1. A specific description of the physical, psychiatric or psychological diagnosis of the person. 2. A comprehensive assessment listing any functional impairments of the alleged incapacitated person and an explanation of how and to what extent these functional impairments may prevent that person from receiving or evaluating information in making decisions or in communicating informed decisions regarding that person. 3. An analysis of the tasks of daily living the alleged incapacitated person is capable of performing without direction or with minimal direction. 4. A list of all medications the alleged incapacitated person is receiving, the dosage of the medications and a description of the effects each medication has on the person's behavior to the best of the declarant's knowledge. 5. A prognosis for improvement in the alleged incapacitated person's condition and a recommendation for the most appropriate rehabilitation plan or care plan. 6. Other information the physician, psychologist or registered nurse deems appropriate. END_STATUTE Sec. 7. Section 14-5309, Arizona Revised Statutes, is amended to read: START_STATUTE14-5309. Notices in guardianship proceedings A. In a proceeding for a contact order or modification of a contact order pursuant to section 14-5316 or for the appointment or substitution of a guardian of a ward or an alleged incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of a hearing shall be given to each of the following: 1. The ward or the alleged incapacitated person and that person's spouse, parents and adult children. 2. Any person who is serving as guardian or conservator or who has the care and custody of the ward or the alleged incapacitated person. 3. In case no other person is notified under paragraph 1 of this subsection, at least one of that person's closest adult relatives, if any can be found. 4. Any person who has filed a demand for notice. B. At least fourteen days before the hearing notice shall be served personally on the ward or the alleged incapacitated person and that person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the ward or the alleged incapacitated person shall be given as provided in section 14-1401. Waiver of notice by the ward or the alleged incapacitated person is not effective unless that person attends the hearing. C. In addition to stating the time and place of the hearing, a notice given pursuant to this section shall provide notice of the right to a trial by jury under section 14-1306, subsection a. D. The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct. END_STATUTE Sec. 8. Section 14-5316, Arizona Revised Statutes, is amended to read: START_STATUTE14-5316. Maintaining ward's relationships; contact orders; definitions A. A guardian shall encourage and allow contact between the ward and other persons who have a significant relationship with the ward. B. Notwithstanding subsection A of this section, a guardian may shall not limit, restrict or prohibit contact between the ward and any person if with whom the ward wishes to have contact unless the guardian reasonably believes that the contact will be detrimental to the ward's health, safety or welfare. C. In exercising the guardian's powers pursuant to subsections A and B of this section, the guardian shall consider the wishes of the ward, if the ward has sufficient mental capacity to make an intelligent choice. D. A person who has a significant relationship to the ward may petition the court for an order compelling the guardian to allow the person to have contact with the ward. The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested. The person has the burden of proving that the person has a significant relationship with the ward and that the requested contact is in the ward's best interest. The guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare. E. A ward may petition the court for an order compelling the guardian to allow the ward to have contact with a person who has a significant relationship to the ward. The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested. The ward has the burden of proving that the person has a significant relationship with the ward and that the requested contact is in the ward's best interest. The guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare. F. After filing a petition pursuant to subsection D or E of this section, the petitioner shall request that the court set an initial hearing on the petition. Unless the petitioner requests a later initial hearing, the initial hearing shall occur as soon as possible but no later than fifteen judicial days after the court receives the petitioner's request. F. G. In determining what, if any, contact between the person and the ward is in the ward's best interest, the court shall consider all factors that are relevant to the ward's physical and emotional well-being, including the following: 1. The past and present relationship between the ward and the person with whom the contact is requested. 2. The wishes of the ward if the ward has sufficient mental capacity to make an intelligent choice. 3. The mental and physical health of the ward and the person with whom the contact is requested. 4. Whether the person with whom the contact is requested has committed any act involving domestic violence as defined in section 13-3601, child abuse or abuse, neglect or exploitation of a vulnerable adult. 5. Whether the person with whom the contact is requested has abused drugs or alcohol or has been convicted of any drug offense listed in title 13, chapter 34 or a violation of title 28, chapter 4, article 3. 6. Whether the person with whom the contact is requested is listed in the elder abuse central registry pursuant to section 46-457 or is required to register pursuant to section 13-3821. 7. Whether the person with whom the contact is requested has been convicted of a violation of section 13-2907.02 or 13-2907.04. G. H. If the petition for contact is filed pursuant to section 14-5301.03 or within two years after the ward's eighteenth birthday, any contact with the ward authorized in the most recent parenting time or visitation order shall be presumed to be in the ward's best interests, but the presumption may be rebutted by evidence showing that the contact authorized in the most recent parenting time or visitation order is no longer in the ward's best interests. H. I. A court-appointed fiduciary for the ward or a person who has a significant relationship to the ward may petition the court to modify a contact order, if a material change in circumstances affecting the ward's health, safety or welfare has occurred since the last contact order was made. The petition shall be supported by an affidavit alleging the change of circumstances that has occurred since the entry of the last contact order. The court shall deny the petition unless the court finds that the petition establishes good cause for hearing, in which case the court shall set a hearing on the petition. The petition and notice of the hearing on the petition shall be served on all persons to whom notice is required pursuant to section 14-5309 and on any court-appointed fiduciary for the ward. I. J. A court-appointed fiduciary for the ward or a person who has a significant relationship to the ward may file a motion asking the court to temporarily modify or suspend a contact order, if a material change in circumstances affecting the ward's health, safety or welfare has occurred since the last contact order was made. The motion shall be supported by an affidavit alleging the change of circumstances that has occurred since the entry of the last contact order. The motion shall be filed contemporaneously with or after the filing of a petition to modify the prior contact order. The motion shall state whether the petitioner requests that the prior contact order be modified or suspended with or without notice to affected persons. J. K. The court may temporarily modify or suspend a contact order without notice only if both of the following conditions are met: 1. It clearly appears from specific facts shown in the motion or affidavit that immediate and irreparable injury, loss or damage likely will result if the order is not issued before the affected persons can be heard in opposition. 2. The moving party or the party's attorney certifies to the court in writing the efforts, if any, that the moving party or the party's attorney has made to give the notice or the reasons supporting the claim that notice should not be required. K. L. If the court grants a motion to temporarily modify or suspend a contact order without notice, the court shall set a hearing on the motion. L. M. An order temporarily modifying or suspending a contact order that is granted without notice shall state the injury, loss or damage that would have been likely to occur if the order were not issued before giving the affected persons the opportunity to be heard in opposition. The temporary order shall expire at the date and time set for the hearing on the motion unless the temporary order is extended by the court for good cause. M. N. The moving party shall personally serve the person whose contact with the ward has been modified or suspended with a copy of the order and notice of the hearing. The moving party shall have served a copy of the order on any court-appointed fiduciary for the ward and all persons affected by the order as soon as practicable after issuance of the order in the manner prescribed in section 14-5309 or as otherwise ordered by the court. O. If, in a proceeding brought under this section, the court finds that the guardian has unreasonably denied contact between a ward and a person who has a significant relationship with the ward, the court may do either, or both, of the following: 1. Remove the guardian. 2. Order the guardian to personally pay some or all of the reasonable attorney fees and expenses incurred by the person or the ward, or both. N. P. For the purposes of this section: 1. "Abuse" in relation to a vulnerable adult has the same meaning prescribed in section 46-451. 2. "Child abuse" means abuse as defined in section 8-201 of an individual who is under eighteen years of age. 3. "Exploitation" has the same meaning prescribed in section 46-451. 4. "Neglect" has the same meaning prescribed in section 46-451. 5. "Vulnerable adult" has the same meaning prescribed in section 46-451. END_STATUTE Sec. 9. Section 14-5401, Arizona Revised Statutes, is amended to read: START_STATUTE14-5401. Protective proceedings; fingerprinting A. On petition and after notice and a hearing pursuant to this article, the court may appoint a conservator or make another protective order for cause as follows: 1. Appointment of a conservator or other protective order may be made 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 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. 2. Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court specifically finds by clear and convincing evidence on the record both of the following: (a) The person is unable to manage the person's estate and affairs effectively for reasons such as mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance. (b) 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. B. On petition and after notice and a hearing pursuant to this article, the court may continue a conservatorship or other protective order entered pursuant to subsection A, paragraph 1 of this section beyond the minor's eighteenth birthday if the court determines that the order is appropriate pursuant to subsection A, paragraph 2 of this section. The petition shall comply with the requirements of section 14-5404, subsection B and must be filed after the minor's seventeenth birthday and before termination of the conservatorship by court order. C. The court may require each person who seeks appointment as a conservator to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation. The court shall submit the person's completed fingerprint card to the department of public safety. The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to a fiduciary who is licensed pursuant to section 14-5651 or an employee of a financial institution. D. Unless the alleged basis for the appointment of a conservator or entry of a protective order is that the person allegedly in need of protection is confined, detained by a foreign power or missing, the court shall not appoint a conservator or enter a protective order for a person under subsection a, paragraph 2 of this section unless the person allegedly in need of protection has appeared before the court either in person or by virtual means. If that person is unable or unwilling to appear in person or by virtual means, evidence of the person's inability or unwillingness to attend shall be presented to the court. If the person does not wish to attend in person or by virtual means, a declaration signed by that person shall be filed with the court to prove the person's inability or unwillingness to attend. The court shall weigh the evidence, request additional evidence if necessary and document all evidence in the court record. END_STATUTE Sec. 10. Section 14-5404, Arizona Revised Statutes, is amended to read: START_STATUTE14-5404. Original petition for appointment or protective order A. The person allegedly in need of protection, any person who is interested in that person's estate or affairs, including that person's parent, guardian or custodian, or any person who would be adversely affected by lack of effective management of that person's estate and affairs may petition for the appointment of a conservator or for any other appropriate protective order. B. The petition shall set forth, at a minimum and to the extent known, all of the following: 1. The interest of the petitioner. 2. The name, age, residence and address of the person allegedly in need of protection. 3. The name, address and priority for appointment of the person whose appointment is sought. 4. The name and address of the guardian, if any, of the person allegedly in need of protection. 5. The name and address of the nearest relative of the person allegedly in need of protection known to the petitioner. 6. A general statement of the estate of the person allegedly in need of protection with an estimate of its value, including any compensation, insurance, pension or allowance to which the person is entitled. 7. The reason why appointment of a conservator or any other protective order is necessary. 8. Whether the person allegedly in need of protection is the principal under a durable power of attorney, and, if so, a copy of that durable power of attorney must be attached to the petition. 9. Whether the person allegedly in need of protection is the principal under a health care power of attorney in which the person nominates a conservator, and, if so, a copy of that health care power of attorney must be attached to the petition. 10. Whether the person allegedly in need of protection has a present vested interest in a trust, and, if so, the name of the trust and the current trustee of the trust. END_STATUTE Sec. 11. Section 14-5405, Arizona Revised Statutes, is amended to read: START_STATUTE14-5405. Notice in conservatorship proceedings A. In a proceeding for the appointment or substitution of a conservator of a protected person or person allegedly in need of protection, other than the appointment of a temporary conservator or temporary suspension of a conservator, and in a proceeding to continue a conservatorship or other protective order pursuant to section 14-5401, subsection B, notice of the hearing shall be given to each of the following: 1. The protected person or the person allegedly in need of protection if that person is fourteen years of age or older. 2. The spouse, parents and adult children of the protected person or person allegedly in need of protection, or if no spouse, parents or adult children can be located, at least one adult relative of the protected person or the person allegedly in need of protection, if such a relative can be found. 3. Any person who is serving as guardian or conservator or who has the care and custody of the protected person or person allegedly in need of protection. 4. Any person who has filed a demand for notice. B. At least fourteen days before the hearing notice shall be served personally on the protected person or the person allegedly in need of protection and that person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the protected person or the person allegedly in need of protection shall be given in accordance with section 14-1401. Waiver of notice by the protected person or the person allegedly in need of protection is not effective unless the protected person or the person allegedly in need of protection attends the hearing. C. In addition to stating the time and place of the hearing, a notice given pursuant to this section shall provide notice of the right to a trial by jury under section 14-1306, subsection A. D. The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct. END_STATUTE Sec. 12. Section 14-5407, Arizona Revised Statutes, is amended to read: START_STATUTE14-5407. Procedure concerning hearing and order on original petition A. On the filing of a petition for appointment of a conservator or any other protective order because of minority, the court shall set a hearing date on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it shall appoint an attorney to represent the minor. If the minor is at least fourteen years of age the court shall consider the choice of the minor. B. On the filing of a petition for appointment of a conservator or any other protective order for reasons other than minority, or on the filing of a petition for continuation of a conservatorship or other protective order pursuant to section 14-5401, subsection B, the court shall set a hearing date. Unless the person to be protected has counsel of that person's own choice, the court shall appoint an attorney to represent that person. If the alleged disability is mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, or chronic intoxication, the court shall appoint an investigator to interview the person to be protected. On petition by an interested person or on the court's own motion, the court may direct that an appropriate medical or psychological evaluation of the person be conducted. The investigator and the person conducting the medical or psychological evaluation shall submit written reports to the court before the hearing date. C. In any case where the veterans administration United States department of veterans affairs is or may be an interested party, a certificate of an authorized official of the veterans administration United States department of veterans affairs that the person allegedly in need of protection has been found incapable of handling the benefits payable, on examination in accordance with the laws and regulations governing the veterans administration United States department of veterans affairs, is prima facie evidence of the necessity for appointment of a conservator. D. The person allegedly in need of protection is entitled to be present at the hearing, to be represented by counsel, to present evidence and to cross-examine witnesses, including any court appointed examiner and investigator. The issue may be determined at a closed hearing if the person allegedly in need of protection or that person's counsel so requests. E. At the initial hearing on the petition, the court shall read into the record the notice of right to a trial by jury as stated in the notice of hearing. E. F. After the hearing, and after making specific findings on the record that a basis for the appointment of a conservator or any other protective order has been established, the court shall make an appointment or other appropriate protective order. END_STATUTE Sec. 13. Title 14, chapter 5, Arizona Revised Statutes, is amended by adding article 9, to read: ARTICLE 9. SUPPORTED DECISION-MAKING AGREEMENTS START_STATUTE14-5721. Definitions IN THIS article, UNLESS THE CONTEXT OTHERWISE REQUIRES: 1. "ADULT" MEANS AN INDIVIDUAL with a disability WHO IS AT LEAST EIGHTEEN YEARS OF AGE. 2. "DISABILITY" MEANS A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES, as defined in section 41-1492. 3. "interested person" means any person who is interested in the affairs or welfare of an adult who has entered into a supported decision-making agreement. 4. "intimidate" includes threatening to deprive an adult of food, nutrition, shelter or necessary medication or medical treatment. 5. "SUPPORTED DECISION-MAKING" MEANS A PROCESS OF SUPPORTING AND ACCOMMODATING AN ADULT TO ENABLE THE ADULT TO MAKE LIFE DECISIONS, INCLUDING DECISIONS RELATED TO WHERE THE ADULT WANTS TO LIVE, THE SERVICES, SUPPORT AND MEDICAL CARE THE ADULT WANTS TO RECEIVE, WHOM THE ADULT WANTS TO LIVE WITH AND WHERE THE ADULT WANTS TO WORK, WITHOUT IMPEDING THE adult's SELF-DETERMINATION. 6. "SUPPORTED DECISION-MAKING AGREEMENT" means AN AGREEMENT BETWEEN AN ADULT and A SUPPORTER that is ENTERED INTO pursuant to THIS ARTICLE. 7. "SUPPORTER" MEANS a person who is at least eighteen years of age and WHO enters INTO A SUPPORTED DECISION-MAKING AGREEMENT WITH an adult. END_STATUTE START_STATUTE14-5722. Supported decision-making agreements; scope; rights and obligations; intimidation; deception; petition; termination; form A. AN ADULT, WITHOUT UNDUE INFLUENCE OR COERCION, MAY VOLUNTARILY ENTER INTO A SUPPORTED DECISION-MAKING AGREEMENT WITH A SUPPORTER UNDER WHICH THE ADULT AUTHORIZES THE SUPPORTER TO DO ANY OR ALL OF THE FOLLOWING: 1. PROVIDE SUPPORTED DECISION-MAKING, INCLUDING assisting the adult IN UNDERSTANDING THE OPTIONS, RESPONSIBILITIES AND CONSEQUENCES OF THE ADULT'S LIFE DECISIONS, WITHOUT MAKING THOSE DECISIONS ON BEHALF OF THE ADULt. 2. ASSIST THE ADULT IN ACCESSING, COLLECTING AND OBTAINING FROM ANY PERSON INFORMATION THAT IS RELEVANT TO A GIVEN LIFE DECISION, INCLUDING MEDICAL, PSYCHOLOGICAL, FINANCIAL, EDUCATION OR TREATMENT RECORDS. 3. ASSIST THE ADULT IN UNDERSTANDING THE INFORMATION DESCRIBED IN paragraph 2 of this subsection. 4. ASSIST THE ADULT IN COMMUNICATING THE ADULT'S DECISIONS TO APPROPRIATE PERSONS. b. A SUPPORTER IS NOT A SURROGATE DECISION-MAKER FOR THE ADULT AND DOES NOT HAVE THE AUTHORITY TO SIGN LEGAL DOCUMENTS ON BEHALF OF THE ADULT OR BIND THE ADULT TO A LEGAL AGREEMENT. c. the supported decision-making agreement shall set forth the rights, roles, duties, limitations and obligations of both the adult and the supporter who are entering into the agreement. d. if the supporter intimidates or deceives the adult in procuring the supported decision-making agreement or any authority provided in the supported decision-making agreement, the supporter may be subject to criminal prosecution and civil penalties as otherwise provided by law. E. The supporter may not receive compensation as a result of the supporter's duties under a supported decision-making agreement. The supporter shall act without self-interest and shall avoid conflicts of interest. F. A SUPPORTED DECISION-MAKING AGREEMENT MUST BE SIGNED BY THE ADULT AND THE SUPPORTER IN THE PRESENCE OF TWO OR MORE SUBSCribing witnesses, WHO MUST BE AT LEAST EIGHTEEN YEARS OF AGE, OR A NOTARY PUBLIC, and the signature process is subject to the following requirements: 1. By witnessing the agreement, each witness or notary affirms that the witness or notary was present when the person dated and signed or marked the agreement, except as provided under paragraph 2 of this subsection, and that the person appeared to be of sound mind and free from duress at the time of execution of the agreement. 2. If a person is physically unable to sign or mark the agreement, the witness or notary shall verify on the document that the person directly indicated to the notary or witness that the agreement expressed the person's wishes and that the person intended to adopt the agreement at that time. G. A SUPPORTED DECISION-MAKING AGREEMENT EXTENDS UNTIL: 1. Terminated in writing by either party or by the terms of the supported decision-making agreement. 2. at any time the adult becomes an incapacitated person as defined in section 14-5101. 3. On the appointment of a guardian pursuant to article 3 of this chapter. H. the supported decision-making agreement shall be in substantially the following form: supported Decision-Making Agreement This agreement is governed by the Arizona Supported Decision-Making agreement statute section 14-5722, Arizona Revised Statutes. For the purposes of this agreement, "Decision-Maker" means an adult with a disability who executes an agreement for the purpose of designating an individual to serve as the Decision-Maker's Supporter when the Decision-Maker makes certain decisions that are listed in the agreement. Purpose of Agreement The purpose of the supported decision-making agreement is to support and accommodate a decision-maker to make informed decisions and choices about certain aspects of the adult's daily life. Role of Supporter to assist a Decision-maker, a supporter may: 1. assist the Decision-Maker with getting information to be able to understand available choices. 2. assist the Decision-Maker in UNDERSTANDING choices so the Decision-Maker can make the best personal decisions. 3. assist the Decision-Maker in communicating decisions to the right PEOPLE and organizations. Revocation or Termination of Agreement A. The decision-maker or the supporter may revoke this agreement at any time. B. This agreement terminates as a matter of law at any time the Decision-Maker becomes an incapacitated person as defined in Section 14-5101, Arizona Revised Statutes. C. This agreement terminates as a matter of law on the appointment of a guardian for any reason or purpose pursuant to title 14, chapter 5, article 3, Arizona Revised Statutes. D. If either the decision-maker or supporter has questions about the agreement, the decision-maker or supporter should speak with a lawyer before signing this supported decision-making agreement. Important Information For Supporters about the Limits to this Agreement A. You may NOT make a decision for or on behalf of the Decision-Maker. B. Neither you nor any organization for whom you are employed or serve as a volunteer may receive any financial support, remuneration or compensation, either directly or indirectly, for or related to your services and role as a Supporter to the Decision-Maker. C. When you agree to provide support to an adult under this Supported Decision-Making Agreement, you have a duty to and you SHALL: 1. Act in good faith. 2. Act with loyalty to the Decision-Maker. 3. Act without self-interest. 4. Avoid conflicts of interest. 5. Stop serving as a Supporter at any time that you question the capacity of the Decision-Maker to continue making decisions even with your support. D. Stop serving as a Supporter at any time that the supported decision-making agreement is revoked by the Decision-Maker or you, or the agreement ends as a matter of law. E. Respect the Decision-Maker's relationships with friends and family members and NOT attempt to isolate or alienate the Decision-Maker from those friends and family members. APPOINTMENT OF SUPPORTER I ______________________________________, (Name of adult, (the "Decision-Maker")), am of sound mind and enter into this agreement voluntarily. My disabilities are: (describe briefly) _________________________________________________________________________________________________________________________________________________________________________________________. I choose _____________________________________________________ to be my Supporter. Supporter's Address:__________________________________________ Supporter's telePhone Number:_________________________________ Supporter's Email Address:____________________________________ SUPPORTER'S ROLE AND LIMITATIONS ON THAT ROLE My Supporter may help me with life decisions about each of the following which I have marked with an "x" (check those that apply): Yes ___ No ___ obtaining food, clothing and a place to live. Yes ___ No ___ my physical health and health services. Yes ___ No ___ my mental health and mental health services. Yes ___ No ___ managing my money or property. Yes ___ No ___ getting an education or other training. Yes ___ No ___ choosing and maintaining my services and supports. Yes ___ No ___ finding a job. Yes ___ No ___ Other: ______________________________ (specify) Yes ___ No ___ My Supporters may see my private health information under the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) if I first choose to provide a signed release. Yes ___ No ___ My Supporters may see my educational records under the Family Educational Rights and Privacy Act of 1974 (20 United States Code Section 1232g) if I first choose to provide a signed release. This agreement is effective when signed and will continue until ___________ (date) or until my Supporter or I end the agreement or the agreement ends by operation of law, including the appointment of a guardian for me. DECISION-MAKER'S SIGNATURE Signed this __________ (day) of __________________ (month), ________ (year) _____________________________ _______________________________ (Signature of decision-maker) (Printed Name of decision-maker) CONSENT OF SUPPORTER I (Name of Supporter), _______________________________ consent to act as a Supporter under this agreement. ____________________________ _____________________________ (Signature of Supporter) (Printed Name of Supporter) This agreement must be signed in front of two witnesses or a Notary Public ____________________________ _____________________________ (Witness 1 Signature) (Printed Name of Witness 1) ____________________________ _____________________________ (Witness 2 Signature) (Printed Name of Witness 2) OR Notary Public State of ____________________ County of ___________________ This document was acknowledged before me on __________(date) by _____________________________ _____________________________ (Name of decision-maker) (Name of Supporter) _____________________________ _____________________________ (Signature of Notary) (Printed Name of Notary) (Seal, if any, of notary) My commission expires: _________________ WARNING: PROTECTION FOR THE DECISION-MAKER WITH A DISABILITY If a person who receives a copy of this Supported Decision-Making Agreement or who is aware of the existence of this agreement has cause to believe that the decision-maker is being abused, neglected or exploited by the Supporter, the person shall report the alleged abuse, neglect or exploitation to the department of economic security's online reporting system by calling the Adult Protective Services, Adult Abuse Hotline or by calling the local police department. END_STATUTE |
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| 67 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 14-1102, Arizona Revised Statutes, is amended to read: START_STATUTE14-1102. Purposes; rule of construction A. This title shall be liberally construed and applied to promote its underlying purposes and policies. B. The underlying purposes and policies of this title are: 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 his property. 3. To promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors. 4. To promote a speedy, efficient and inexpensive system for resolving disputes under chapter 5 of this title while ensuring that the due process and other constitutional rights of the persons subject to such proceedings are protected. 5. To provide just and appropriate remedies for parties who incur damages as the result of vexatious conduct, as defined by court rule, or other unreasonable conduct, during proceedings brought pursuant to this title, without impinging on the rights of individuals who are the subject of proceedings under chapter 5 of this title. 4. 6. To facilitate use and enforcement of certain trusts. 5. 7. To make uniform the law among the various jurisdictions. END_STATUTE Sec. 2. Section 14-1306, Arizona Revised Statutes, is amended to read: START_STATUTE14-1306. Jury trial A. If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. B. If there is no right to trial by jury under subsection A of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only. END_STATUTE Sec. 3. Section 14-1401, Arizona Revised Statutes, is amended to read: START_STATUTE14-1401. Notice; method and time of giving; damage A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given either: 1. By mailing a copy thereof at least fourteen days before the time set for the hearing by certified, or registered or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known. 2. By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing. 3. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, or when otherwise required under this title, by publishing at least three times prior to before the date set for the hearing a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the first publication of which is to be at least fourteen days before the hearing. B. The court for good cause shown may provide for a different method or time of giving notice for any hearing. C. Proof of the giving of notice shall be made at or before the hearing and filed in the proceeding. END_STATUTE Sec. 4. Title 14, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 14-5111, to read: START_STATUTE14-5111. Duties of appointed attorney; contempt A. No later than seven calendar days before the initial hearing on a petition for the appointment of a permanent guardian or permanent conservator, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall fulfill the following minimal duties: 1. Interview the alleged incapacitated person or person allegedly in need of protection. 2. Inform the alleged incapacitated person or person allegedly in need of protection of all the following: (a) The right to a trial by jury pursuant to section 14-1306. (b) The right to select an attorney of the person's choosing. If the attorney is appointed by the court, the attorney shall explain to the alleged incapacitated person or person allegedly in need of protection that the person may hire a different attorney at the person's own expense. (c) The right of the alleged incapacitated person or person allegedly in need of protection to appear in court and have any person the alleged incapacitated person or person allegedly in need of protection wishes to be present with the alleged incapacitated person or person allegedly in need of protection. (d) A review of the court process, timelines and expected future proceedings. 3. Provide the incapacitated person or person allegedly in need of protection with a copy of the supreme court promulgated order to a guardian, order to conservator or order to guardian and conservator that the court will enter if the relief requested in the petition is granted. B. At the initial hearing on the petition for appointment, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall attest to the court that the attorney has fulfilled the requirements prescribed in this section or shall provide an explanation as to why the attorney has been unable to comply with the requirements prescribed in this section. C. The court may find an attorney who fails to fulfill the duties prescribed in this section in contempt of court. END_STATUTE Sec. 5. Section 14-5303, Arizona Revised Statutes, is amended to read: START_STATUTE14-5303. Procedure for court appointment of a guardian of an alleged incapacitated person A. The 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. B. The petition shall contain a statement that the authority granted to the guardian may include the authority to withhold or withdraw life sustaining treatment, including artificial food and fluid, and shall state, at a minimum and to the extent known, all of the following: 1. The interest of the petitioner. 2. The name, age, residence and address of the alleged incapacitated person. 3. The name, address and priority for appointment of the person whose appointment is sought. 4. The name and address of the conservator, if any, of the alleged incapacitated person. 5. The name and address of the nearest relative of the alleged incapacitated person known to the petitioner. 6. A general statement of the property of the alleged incapacitated person, with an estimate of its value and including any compensation, insurance, pension or allowance to which the person is entitled. 7. The reason why appointment of a guardian or any other protective order is necessary. 8. The type of guardianship requested. If a general guardianship is requested, the petition must state that other alternatives have been explored and why a limited guardianship is not appropriate. If a limited guardianship is requested, the petition also must state what specific powers are requested. 9. If a legal decision-making, parenting time or visitation order was previously entered regarding an alleged incapacitated person in a marriage dissolution, legal separation or paternity action in this state or another jurisdiction and the petitioner or proposed guardian is a parent of the alleged incapacitated person or a nonparent who has been awarded legal decision-making as to the alleged incapacitated person, the court and case number for that action or proceeding and include a copy of the most recent court order regarding legal decision-making, parenting time and visitation. 10. If the appointment of a guardian is necessary due solely to the physical incapacity of the alleged incapacitated person. 11. Whether the alleged incapacitated person is the principal under a health care power of attorney, and, if so, a copy of that health care power of attorney must be attached to the petition. 12. Whether the alleged incapacitated person is the principal under a durable power of attorney in which the alleged incapacitated person has nominated someone to serve as guardian, and, if so, a copy of that durable power of attorney must be attached to the petition. 13. Whether the person allegedly in need of protection has a present vested interest in a trust, and, if so, the name of the trust and the current trustee of the trust. C. On the filing of a petition, the court shall set a hearing date on the issues of incapacity. Unless the alleged incapacitated person is represented by independent counsel, the court shall appoint an attorney to represent that person in the proceeding. The alleged incapacitated person shall be interviewed by an investigator appointed by the court and shall be examined by a physician, psychologist or registered nurse appointed by the court. If the alleged incapacitated person has an established relationship with a physician, psychologist or registered nurse who is determined by the court to be qualified to evaluate the capacity of the alleged incapacitated person, the court may appoint the alleged incapacitated person's physician, psychologist or registered nurse pursuant to this subsection. The investigator and the person conducting the examination shall submit their reports in writing to the court. In addition to information required under subsection D of this section, the court may direct that either report include other information the court deems appropriate. The investigator also shall interview the person seeking appointment as guardian, visit the present place of abode of the alleged incapacitated person and the place where it is proposed that the person will be detained or reside if the requested appointment is made and submit a report in writing to the court. The alleged incapacitated person is entitled to be present at the hearing and to see or hear all evidence bearing on that person's condition. The alleged incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and investigator, and to trial by jury. The court may determine the issue at a closed hearing if the alleged incapacitated person or that person's counsel so requests. D. At the initial hearing on the petition, the court shall read into the record the notice of right to trial by jury as stated in the notice of hearing. D. E. A report filed pursuant to this section by a physician, psychologist or registered nurse acting within that person's scope of practice shall include the following information: 1. A specific description of the physical, psychiatric or psychological diagnosis of the person. 2. A comprehensive assessment listing any functional impairments of the alleged incapacitated person and an explanation of how and to what extent these functional impairments may prevent that person from receiving or evaluating information in making decisions or in communicating informed decisions regarding that person. 3. An analysis of the tasks of daily living the alleged incapacitated person is capable of performing without direction or with minimal direction. 4. A list of all medications the alleged incapacitated person is receiving, the dosage of the medications and a description of the effects each medication has on the person's behavior to the best of the declarant's knowledge. 5. A prognosis for improvement in the alleged incapacitated person's condition and a recommendation for the most appropriate rehabilitation plan or care plan. 6. Other information the physician, psychologist or registered nurse deems appropriate. END_STATUTE Sec. 6. Section 14-5309, Arizona Revised Statutes, is amended to read: START_STATUTE14-5309. Notices in guardianship proceedings A. In a proceeding for a contact order or modification of a contact order pursuant to section 14-5316 or for the appointment or substitution of a guardian of a ward or an alleged incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of a hearing shall be given to each of the following: 1. The ward or the alleged incapacitated person and that person's spouse, parents and adult children. 2. Any person who is serving as guardian or conservator or who has the care and custody of the ward or the alleged incapacitated person. 3. In case no other person is notified under paragraph 1 of this subsection, at least one of that person's closest adult relatives, if any can be found. 4. Any person who has filed a demand for notice. B. At least fourteen days before the hearing notice shall be served personally on the ward or the alleged incapacitated person and that person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the ward or the alleged incapacitated person shall be given as provided in section 14-1401. Waiver of notice by the ward or the alleged incapacitated person is not effective unless that person attends the hearing. C. In addition to stating the time and place of the hearing, a notice given pursuant to this section shall provide notice of the right to a trial by jury under section 14-1306, subsection a. D. The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct. END_STATUTE Sec. 7. Section 14-5316, Arizona Revised Statutes, is amended to read: START_STATUTE14-5316. Maintaining ward's relationships; contact orders; definitions A. A guardian shall encourage and allow contact between the ward and other persons who have a significant relationship with the ward. B. Notwithstanding subsection A of this section, a guardian may shall not limit, restrict or prohibit contact between the ward and any person if with whom the ward wishes to have contact unless the guardian reasonably believes that the contact will be detrimental to the ward's health, safety or welfare. C. In exercising the guardian's powers pursuant to subsections A and B of this section, the guardian shall consider the wishes of the ward, if the ward has sufficient mental capacity to make an intelligent choice. D. A person who has a significant relationship to the ward may petition the court for an order compelling the guardian to allow the person to have contact with the ward. The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested. The person has the burden of proving that the person has a significant relationship with the ward and that the requested contact is in the ward's best interest. The guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare. E. A ward may petition the court for an order compelling the guardian to allow the ward to have contact with a person who has a significant relationship to the ward. The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested. The ward has the burden of proving that the person has a significant relationship with the ward and that the requested contact is in the ward's best interest. The guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare. F. After filing a petition pursuant to subsection D or E of this section, the petitioner shall request that the court set an initial hearing on the petition. Unless the petitioner requests a later initial hearing, the initial hearing shall occur as soon as possible but no later than fifteen judicial days after the court receives the petitioner's request. F. G. In determining what, if any, contact between the person and the ward is in the ward's best interest, the court shall consider all factors that are relevant to the ward's physical and emotional well-being, including the following: 1. The past and present relationship between the ward and the person with whom the contact is requested. 2. The wishes of the ward if the ward has sufficient mental capacity to make an intelligent choice. 3. The mental and physical health of the ward and the person with whom the contact is requested. 4. Whether the person with whom the contact is requested has committed any act involving domestic violence as defined in section 13-3601, child abuse or abuse, neglect or exploitation of a vulnerable adult. 5. Whether the person with whom the contact is requested has abused drugs or alcohol or has been convicted of any drug offense listed in title 13, chapter 34 or a violation of title 28, chapter 4, article 3. 6. Whether the person with whom the contact is requested is listed in the elder abuse central registry pursuant to section 46-457 or is required to register pursuant to section 13-3821. 7. Whether the person with whom the contact is requested has been convicted of a violation of section 13-2907.02 or 13-2907.04. G. H. If the petition for contact is filed pursuant to section 14-5301.03 or within two years after the ward's eighteenth birthday, any contact with the ward authorized in the most recent parenting time or visitation order shall be presumed to be in the ward's best interests, but the presumption may be rebutted by evidence showing that the contact authorized in the most recent parenting time or visitation order is no longer in the ward's best interests. H. I. A court-appointed fiduciary for the ward or a person who has a significant relationship to the ward may petition the court to modify a contact order, if a material change in circumstances affecting the ward's health, safety or welfare has occurred since the last contact order was made. The petition shall be supported by an affidavit alleging the change of circumstances that has occurred since the entry of the last contact order. The court shall deny the petition unless the court finds that the petition establishes good cause for hearing, in which case the court shall set a hearing on the petition. The petition and notice of the hearing on the petition shall be served on all persons to whom notice is required pursuant to section 14-5309 and on any court-appointed fiduciary for the ward. I. J. A court-appointed fiduciary for the ward or a person who has a significant relationship to the ward may file a motion asking the court to temporarily modify or suspend a contact order, if a material change in circumstances affecting the ward's health, safety or welfare has occurred since the last contact order was made. The motion shall be supported by an affidavit alleging the change of circumstances that has occurred since the entry of the last contact order. The motion shall be filed contemporaneously with or after the filing of a petition to modify the prior contact order. The motion shall state whether the petitioner requests that the prior contact order be modified or suspended with or without notice to affected persons. J. K. The court may temporarily modify or suspend a contact order without notice only if both of the following conditions are met: 1. It clearly appears from specific facts shown in the motion or affidavit that immediate and irreparable injury, loss or damage likely will result if the order is not issued before the affected persons can be heard in opposition. 2. The moving party or the party's attorney certifies to the court in writing the efforts, if any, that the moving party or the party's attorney has made to give the notice or the reasons supporting the claim that notice should not be required. K. L. If the court grants a motion to temporarily modify or suspend a contact order without notice, the court shall set a hearing on the motion. L. M. An order temporarily modifying or suspending a contact order that is granted without notice shall state the injury, loss or damage that would have been likely to occur if the order were not issued before giving the affected persons the opportunity to be heard in opposition. The temporary order shall expire at the date and time set for the hearing on the motion unless the temporary order is extended by the court for good cause. M. N. The moving party shall personally serve the person whose contact with the ward has been modified or suspended with a copy of the order and notice of the hearing. The moving party shall have served a copy of the order on any court-appointed fiduciary for the ward and all persons affected by the order as soon as practicable after issuance of the order in the manner prescribed in section 14-5309 or as otherwise ordered by the court. O. If, in a proceeding brought under this section, the court finds that the guardian has unreasonably denied contact between a ward and a person who has a significant relationship with the ward, the court may do either, or both, of the following: 1. Remove the guardian. 2. Order the guardian to personally pay some or all of the reasonable attorney fees and expenses incurred by the person or the ward, or both. N. P. For the purposes of this section: 1. "Abuse" in relation to a vulnerable adult has the same meaning prescribed in section 46-451. 2. "Child abuse" means abuse as defined in section 8-201 of an individual who is under eighteen years of age. 3. "Exploitation" has the same meaning prescribed in section 46-451. 4. "Neglect" has the same meaning prescribed in section 46-451. 5. "Vulnerable adult" has the same meaning prescribed in section 46-451. END_STATUTE Sec. 8. Section 14-5401, Arizona Revised Statutes, is amended to read: START_STATUTE14-5401. Protective proceedings; fingerprinting A. On petition and after notice and a hearing pursuant to this article, the court may appoint a conservator or make another protective order for cause as follows: 1. Appointment of a conservator or other protective order may be made 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 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. 2. Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court specifically finds by clear and convincing evidence on the record both of the following: (a) The person is unable to manage the person's estate and affairs effectively for reasons such as mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance. (b) 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. B. On petition and after notice and a hearing pursuant to this article, the court may continue a conservatorship or other protective order entered pursuant to subsection A, paragraph 1 of this section beyond the minor's eighteenth birthday if the court determines that the order is appropriate pursuant to subsection A, paragraph 2 of this section. The petition shall comply with the requirements of section 14-5404, subsection B and must be filed after the minor's seventeenth birthday and before termination of the conservatorship by court order. C. The court may require each person who seeks appointment as a conservator to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation. The court shall submit the person's completed fingerprint card to the department of public safety. The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to a fiduciary who is licensed pursuant to section 14-5651 or an employee of a financial institution. D. Unless the alleged basis for the appointment of a conservator or entry of a protective order is that the person allegedly in need of protection is confined, detained by a foreign power or missing, the court shall not appoint a conservator or enter a protective order for a person under subsection a, paragraph 2 of this section unless the person allegedly in need of protection has appeared before the court either in person or by virtual means. If that person is unable or unwilling to appear in person or by virtual means, evidence of the person's inability or unwillingness to attend shall be presented to the court. If the person does not wish to attend in person or by virtual means, a declaration signed by that person shall be filed with the court to prove the person's inability or unwillingness to attend. The court shall weigh the evidence, request additional evidence if necessary and document all evidence in the court record. END_STATUTE Sec. 9. Section 14-5404, Arizona Revised Statutes, is amended to read: START_STATUTE14-5404. Original petition for appointment or protective order A. The person allegedly in need of protection, any person who is interested in that person's estate or affairs, including that person's parent, guardian or custodian, or any person who would be adversely affected by lack of effective management of that person's estate and affairs may petition for the appointment of a conservator or for any other appropriate protective order. B. The petition shall set forth, at a minimum and to the extent known, all of the following: 1. The interest of the petitioner. 2. The name, age, residence and address of the person allegedly in need of protection. 3. The name, address and priority for appointment of the person whose appointment is sought. 4. The name and address of the guardian, if any, of the person allegedly in need of protection. 5. The name and address of the nearest relative of the person allegedly in need of protection known to the petitioner. 6. A general statement of the estate of the person allegedly in need of protection with an estimate of its value, including any compensation, insurance, pension or allowance to which the person is entitled. 7. The reason why appointment of a conservator or any other protective order is necessary. 8. Whether the person allegedly in need of protection is the principal under a durable power of attorney, and, if so, a copy of that durable power of attorney must be attached to the petition. 9. Whether the person allegedly in need of protection is the principal under a health care power of attorney in which the person nominates a conservator, and, if so, a copy of that health care power of attorney must be attached to the petition. 10. Whether the person allegedly in need of protection has a present vested interest in a trust, and, if so, the name of the trust and the current trustee of the trust. END_STATUTE Sec. 10. Section 14-5405, Arizona Revised Statutes, is amended to read: START_STATUTE14-5405. Notice in conservatorship proceedings A. In a proceeding for the appointment or substitution of a conservator of a protected person or person allegedly in need of protection, other than the appointment of a temporary conservator or temporary suspension of a conservator, and in a proceeding to continue a conservatorship or other protective order pursuant to section 14-5401, subsection B, notice of the hearing shall be given to each of the following: 1. The protected person or the person allegedly in need of protection if that person is fourteen years of age or older. 2. The spouse, parents and adult children of the protected person or person allegedly in need of protection, or if no spouse, parents or adult children can be located, at least one adult relative of the protected person or the person allegedly in need of protection, if such a relative can be found. 3. Any person who is serving as guardian or conservator or who has the care and custody of the protected person or person allegedly in need of protection. 4. Any person who has filed a demand for notice. B. At least fourteen days before the hearing notice shall be served personally on the protected person or the person allegedly in need of protection and that person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the protected person or the person allegedly in need of protection shall be given in accordance with section 14-1401. Waiver of notice by the protected person or the person allegedly in need of protection is not effective unless the protected person or the person allegedly in need of protection attends the hearing. C. In addition to stating the time and place of the hearing, a notice given pursuant to this section shall provide notice of the right to a trial by jury under section 14-1306, subsection A. D. The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct.END_STATUTE Sec. 11. Section 14-5407, Arizona Revised Statutes, is amended to read: START_STATUTE14-5407. Procedure concerning hearing and order on original petition A. On the filing of a petition for appointment of a conservator or any other protective order because of minority, the court shall set a hearing date on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it shall appoint an attorney to represent the minor. If the minor is at least fourteen years of age the court shall consider the choice of the minor. B. On the filing of a petition for appointment of a conservator or any other protective order for reasons other than minority, or on the filing of a petition for continuation of a conservatorship or other protective order pursuant to section 14-5401, subsection B, the court shall set a hearing date. Unless the person to be protected has counsel of that person's own choice, the court shall appoint an attorney to represent that person. If the alleged disability is mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, or chronic intoxication, the court shall appoint an investigator to interview the person to be protected. On petition by an interested person or on the court's own motion, the court may direct that an appropriate medical or psychological evaluation of the person be conducted. The investigator and the person conducting the medical or psychological evaluation shall submit written reports to the court before the hearing date. C. In any case where the veterans administration United States department of veterans affairs is or may be an interested party, a certificate of an authorized official of the veterans administration United States department of veterans affairs that the person allegedly in need of protection has been found incapable of handling the benefits payable, on examination in accordance with the laws and regulations governing the veterans administration United States department of veterans affairs, is prima facie evidence of the necessity for appointment of a conservator. D. The person allegedly in need of protection is entitled to be present at the hearing, to be represented by counsel, to present evidence and to cross-examine witnesses, including any court appointed examiner and investigator. The issue may be determined at a closed hearing if the person allegedly in need of protection or that person's counsel so requests. E. At the initial hearing on the petition, the court shall read into the record the notice of right to a trial by jury as stated in the notice of hearing. E. F. After the hearing, and after making specific findings on the record that a basis for the appointment of a conservator or any other protective order has been established, the court shall make an appointment or other appropriate protective order. END_STATUTE |
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