Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1611 Comm Sub / Analysis

Filed 02/09/2024

                    Assigned to HHS 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, Second Regular Session 
 
FACT SHEET FOR S.B.1611 
 
guardianship; independent medical evaluation 
Purpose 
Allows the court to order a county to pay reasonable compensation of a court-appointed 
evaluator in a guardianship proceeding of an alleged incapacitated person, if certain conditions 
apply.   
Background 
 An alleged incapacitated person or any person interested in that person's affairs or welfare 
may petition for the appointment of a guardian or for any other appropriate protective order. On 
the filing of a petition, the court must set a hearing date on the issues of incapacity. The court must 
appoint an attorney to represent that person in the proceeding if the person is not already 
represented by independent counsel. The alleged incapacitated person must be interviewed by an 
investigator appointed by the court and examined by a physician, psychologist or registered nurse 
appointed by the court, except that the court may appoint the alleged incapacitated person's 
physician, psychologist or registered nurse if the court determines the physician, psychologist or 
registered nurse is qualified to evaluate the capacity of the alleged incapacitated person. The 
investigator and the person conducting the examination must submit reports in writing to the court 
(A.R.S. § 14-5303). 
 An investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or 
guardian ad litem who is appointed by the court during a guardianship proceeding of an alleged 
incapacitated person is entitled to reasonable compensation from the estate of the ward if the 
petition is granted, or from the petitioner if the petition is denied. If not otherwise compensated for 
services rendered, and if compensation by the ward or the petitioner is not feasible, the court must 
determine and pay reasonable compensation of appointed individuals as outlined (A.R.S.  
§ 14-5314). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Allows the court to order a county to pay reasonable compensation of an evaluator, if a 
petition for guardianship is denied and payment for the cost of an independent evaluation 
from the alleged incapacitated person or petitioner is not feasible.  
2. Makes technical and conforming changes. 
3. Becomes effective on the general effective date.  
Prepared by Senate Research 
February 9, 2024 
MM/KS/sdr