House Engrossed guardianship; minors; appointment; notice State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2079 AN ACT amending sections 14-5204 and 14-5207, arizona revised statutes; relating to guardians of minors. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed guardianship; minors; appointment; notice
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2079
House Engrossed
guardianship; minors; appointment; notice
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2079
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. the minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8 and, 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 unless both of the following apply:applies: (a) After a due diligence search, a living parent cannot be located and served. (b) The minor is at least sixteen years of age and is not the (a) After a due diligence search, a living parent cannot be located and served. (b) The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8. 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. If the petitioner has not served notice on any living parent of the minor, the court shall make a determination whether the petitioner has the minor, the court shall make a determination whether the petitioner has exercised due diligence to locate a living parent of the minor. B. D. 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. E. 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. F. 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. the minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8 and, 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 unless both of the following apply:applies:
(a) After a due diligence search, a living parent cannot be located and served.
(b) The minor is at least sixteen years of age and is not the (a) After a due diligence search, a living parent cannot be located and served.
(b) The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8.
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. If the petitioner has not served notice on any living parent of the minor, the court shall make a determination whether the petitioner has the minor, the court shall make a determination whether the petitioner has exercised due diligence to locate a living parent of the minor.
B. D. 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. E. 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. F. 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