PREFILED JAN 09 2025 REFERENCE TITLE: guardianship; minors; appointment; notice State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2079 Introduced by Representative Blackman AN ACT amending sections 14-5204 and 14-5207, arizona revised statutes; relating to guardians of minors. (TEXT OF BILL BEGINS ON NEXT PAGE)
PREFILED JAN 09 2025
REFERENCE TITLE: guardianship; minors; appointment; notice
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2079
Introduced by Representative Blackman
REFERENCE TITLE: guardianship; minors; appointment; notice
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2079
Introduced by
Representative Blackman
AN ACT
amending sections 14-5204 and 14-5207, arizona revised statutes; relating to guardians of minors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 14-5204, Arizona Revised Statutes, is amended to read: START_STATUTE14-5204. Court appointment of guardian of minor; conditions for appointment A. The court may appoint a guardian for an unmarried a minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order. the court finds that the appointment is in the best interest of the minor and that one of the following applies: 1. After being fully informed of the nature of a guardianship appointment, Each living parent of the minor consents to the appointment of a guardian. 2. The parental rights of the living parents of the minor have been terminated. 3. Based on a preponderance of the evidence, no parent of the minor is willing or able to exercise the powers and duties granted by the court to a guardian. b. A guardian who is appointed by will as provided in section 14-5202 and whose appointment has not been prevented or nullified under section 14-5203 has priority over any guardian who may be appointed by the court but the court may proceed with an appointment upon on a finding that the testamentary guardian has failed to accept the testamentary appointment within thirty days after notice of the guardianship proceeding. END_STATUTE Sec. 2. Section 14-5207, Arizona Revised Statutes, is amended to read: START_STATUTE14-5207. Formal appointment of guardian of minor; procedure A. Any person who is interested in the welfare of a minor may petition the court for appointment of a guardian. The court shall then set a hearing date. The petitioner shall give notice of the time and place of the hearing in the manner prescribed by section 14-1401 to: 1. A minor who is at least fourteen years of age. 2. The person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition. 3. Any living parent of the minor. B. The notice prescribed by subsection a of this section shall include both: 1. A statement of the right to object to the proposed guardianship appointment. 2. A description of the nature, purpose and consequences of the powers and duties assumed by a guardian. C. The court may not grant a petition if notice that substantially complies with subsection A of this section is not served on both: 1. The minor, if the minor is fourteen years of age or older. 2. Each parent of the minor unless, based on a preponderance of the evidence, the court finds that either: (a) After a due diligence search, each parent cannot be located and served. (b) The parent has waived the right to notice in a written instrument. D. If the petitioner is unable to serve the notice prescribed by subsections a and b of this section on any living parent of the minor or alleges that a living parent of the minor waived the right to notice in a written instrument, the court shall appoint a guardian ad litem who shall: 1. Interview the petitioner and the minor. 2. Ascertain whether a living parent of the minor cannot be located after a due diligence search. 3. At the direction of the court, investigate any other matter relating to the petition. B. E. Upon On hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 14-5204 have been met and the welfare and best interests of the minor will be served by the requested appointment, it the court shall make the appointment and issue letters on the acceptance of the proposed guardian. In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor. C. F. If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months. The court may extend the authority of a temporary guardian if the court determines a longer temporary guardianship appointment is in the best interests of the minor. D. G. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it the court may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is at least fourteen years of age. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 14-5204, Arizona Revised Statutes, is amended to read:
START_STATUTE14-5204. Court appointment of guardian of minor; conditions for appointment
A. The court may appoint a guardian for an unmarried a minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order. the court finds that the appointment is in the best interest of the minor and that one of the following applies:
1. After being fully informed of the nature of a guardianship appointment, Each living parent of the minor consents to the appointment of a guardian.
2. The parental rights of the living parents of the minor have been terminated.
3. Based on a preponderance of the evidence, no parent of the minor is willing or able to exercise the powers and duties granted by the court to a guardian.
b. A guardian who is appointed by will as provided in section 14-5202 and whose appointment has not been prevented or nullified under section 14-5203 has priority over any guardian who may be appointed by the court but the court may proceed with an appointment upon on a finding that the testamentary guardian has failed to accept the testamentary appointment within thirty days after notice of the guardianship proceeding. END_STATUTE
Sec. 2. Section 14-5207, Arizona Revised Statutes, is amended to read:
START_STATUTE14-5207. Formal appointment of guardian of minor; procedure
A. Any person who is interested in the welfare of a minor may petition the court for appointment of a guardian. The court shall then set a hearing date. The petitioner shall give notice of the time and place of the hearing in the manner prescribed by section 14-1401 to:
1. A minor who is at least fourteen years of age.
2. The person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition.
3. Any living parent of the minor.
B. The notice prescribed by subsection a of this section shall include both:
1. A statement of the right to object to the proposed guardianship appointment.
2. A description of the nature, purpose and consequences of the powers and duties assumed by a guardian.
C. The court may not grant a petition if notice that substantially complies with subsection A of this section is not served on both:
1. The minor, if the minor is fourteen years of age or older.
2. Each parent of the minor unless, based on a preponderance of the evidence, the court finds that either:
(a) After a due diligence search, each parent cannot be located and served.
(b) The parent has waived the right to notice in a written instrument.
D. If the petitioner is unable to serve the notice prescribed by subsections a and b of this section on any living parent of the minor or alleges that a living parent of the minor waived the right to notice in a written instrument, the court shall appoint a guardian ad litem who shall:
1. Interview the petitioner and the minor.
2. Ascertain whether a living parent of the minor cannot be located after a due diligence search.
3. At the direction of the court, investigate any other matter relating to the petition.
B. E. Upon On hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 14-5204 have been met and the welfare and best interests of the minor will be served by the requested appointment, it the court shall make the appointment and issue letters on the acceptance of the proposed guardian. In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor.
C. F. If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months. The court may extend the authority of a temporary guardian if the court determines a longer temporary guardianship appointment is in the best interests of the minor.
D. G. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it the court may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is at least fourteen years of age. END_STATUTE