Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2079
guardianship; minors; appointment; notice
Purpose
Modifies the conditions that allow the court to appoint a guardian for a minor, as well as
the requirements relating to providing notice of the time and place of a guardianship hearing to the
minor's living parents. Allows the court to extend the authority of a temporary guardian if the
extension is in the best interests of the minor.
Background
A person becomes a guardian of a minor by acceptance of a testamentary appointment or
upon appointment by the court. The guardianship status continues until terminated, without regard
to the location from time to time of the guardian and minor ward. Any person interested in the
welfare of a minor may petition the court for appointment of a guardian. Once a guardianship
petition is filed the court must set a hearing date and the petitioner must provide notice of the time
and place of the hearing to: 1) a minor who is at least 14 years old; 2) the person who has the
principal care and custody of the minor during the 60 days before the date of the petition; and
3) any living parent of the minor. The court may appoint a guardian if after the hearing, the court
finds that a qualified person seeks appointment, the venue is proper, the required notices have been
provided and all parental rights have been terminated or suspended, or upon finding that a
testamentary guardian has failed to accept the testamentary appointment within 30 days after notice
of the guardianship proceeding. If necessary the court may appoint a temporary guardian for a
period not to exceed six months (A.R.S. ยงยง 14-5201; 14-5204; and 14-5207).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Specifies that the conditions which allow the court to appoint a guardian for a minor, if the
court finds that the appointment is in the minor's best interest, include whether:
a) each living parent of the minor consents to the appointment of a guardian after being fully
informed of the nature of a guardianship appointment;
b) the parental rights of the living parents have been terminated; or
c) the minor is at least 16 years old, is not the subject of an open dependency case and, based
on a preponderance of the evidence, no parent of the minor is willing or able to exercise
the powers and duties of a guardian.
2. Exempts a petitioner for guardianship of a minor from the requirement that notice of the time
and place of the guardianship hearing be provided to the minor's living parents if a living parent
cannot be located after a due diligent search and the minor is at least 16 years old and is not
the subject of an open dependency case. FACT SHEET
H.B. 2079
Page 2
3. Stipulates that, if the petitioner does not serve notice on any living parent of the minor, the
court must make a determination as to whether the petitioner has exercised due diligence to
attempt to locate a living parent.
4. Requires the notice of the time and place of a guardianship hearing to include a:
a) statement of the right to object to the proposed guardianship appointment; and
b) description of the nature; purpose and consequences of the powers and duties assumed by
a guardian.
5. Allows the court to extend the authority of a temporary guardian if the court determines that
the extended temporary guardianship is in the best interests of the minor.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
House Action
GOV 1/22/25 DPA 7-0-0-0
3
rd
Read 2/17/25 56-3-1
Prepared by Senate Research
March 17, 2025
ZD/KS/ci