HB 2079
Initials JH Page 1 Government
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2079: guardianship; minors; appointment; notice
Sponsor: Representative Blackman, LD 7
Committee on Government
Overview
Authorizes the court to appoint a guardian to a minor, provided it is in the best interest of
the minor, if the court finds, based on a preponderance of the evidence, no parent of the minor
is willing or able to exercise the powers and duties granted to a guardian.
History
The court is authorized to appoint a guardian to unmarried minors in cases where all
parental rights of custody have been terminated or suspended by circumstances or prior court
order. A person interested in the welfare of a minor may petition the court for appointment
of a guardian. If the court then finds that the necessary notices have been given and
requirements met and the requested appointment serves the best interests of the minor, the
court must make the appointment and issue letters on the acceptance of the proposed
guardian. In certain circumstances, the court may appoint a temporary guardian to a minor
for a period of no longer than six months (A.R.S. §§ 14-5204, 14-5207).
Provisions
1. Allows the court to appoint a guardian for a minor if the appointment is in the best
interest of the minor and:
a) each living parent of the minor, after being fully informed of the nature of
guardianship appointment, consents to the appointment of a guardian;
b) the living parents' parental rights of the minor have been terminated; or
c) the court finds, 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.
(Sec. 1)
2. Adds, to the notice required to be provided to a minor who is at least 14 years old or the
person who has had principal care and custody of the minor for the 60 days preceding the
filing of a petition to the court for appointment of a guardian:
a) a statement of the right to object to the proposed guardianship appointment; and
b) a description of the nature, purpose and consequences of the powers and duties
assumed by a guardian. (Sec 2)
3. Prohibits the court from granting a petition for guardianship if the notice prescribed
above is not served on the minor, if the minor is 14 years old or older, and each parent of
the minor, unless the court finds based on a preponderance of the evidence that:
a) after a due diligence search, each parent cannot be located and served; or
b) the parent has waived the right to notice in a written instrument. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2079
Initials JH Page 2 Government
4. Instructs the court to appoint a guardian ad litem if the petitioner is unable to serve the
notice required above to a living parent of the minor or the petitioner alleges that a living
parent of the minor waived the right to notice. (Sec. 2)
5. Requires, upon the court's appointment of a guardian ad litem, the guardian ad litem:
a) interview the petitioner and the minor;
b) ascertain whether a living parent of the minor cannot be located after a due diligence
search; and
c) at the discretion of the court, investigate any other matter relating to the petition.
(Sec. 2)
6. Authorizes the court to extend the authority of a temporary guardian if the court
determines such an extension is in the best interests of the minor. (Sec. 2)
7. Makes technical and conforming changes. (Sec. 1, 2)