Arizona Laws 14-5301. Appointment of guardian by will or other writing; objections; notice
A. A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. Appointments become effective only as prescribed pursuant to Section 14-5301.01, subsection A.
Terms Used In Arizona Laws 14-5301
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Child: includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. See Arizona Laws 14-1201
- Court: means the superior court. See Arizona Laws 14-1201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely a guardian ad litem. See Arizona Laws 14-1201
- Incapacitated: means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause. See Arizona Laws 14-9101
- Incapacitated person: means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. See Arizona Laws 14-5101
- Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent. See Arizona Laws 14-1201
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Petition: means a written request to the court for an order after notice. See Arizona Laws 14-1201
- Writing: includes printing. See Arizona Laws 1-215
B. An individual, by will or other signed writing, may appoint a guardian for the individual’s spouse who the appointing spouse believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. An appointment pursuant to this subsection becomes effective only as prescribed pursuant to Section 14-5301.01, subsection A.
C. Unless the court has confirmed the appointment pursuant to subsection D of this section, the incapacitated person, the person having care or custody of the incapacitated person if other than the appointing parent or spouse or the adult nearest in kinship to the incapacitated person may file a written objection to an appointment. The filing of the written objection terminates the appointment. An objection may be withdrawn and, if withdrawn, has no effect. The objection does not preclude judicial appointment of the person selected by the appointing parent or spouse. Notice of the objection must be given to the guardian and any other person entitled to notice of the acceptance of the appointment. The court may treat the filing of an objection as a petition for the appointment of a temporary guardian pursuant to section 14-5310 or for the appointment of a limited or general guardian pursuant to section 14-5303 and proceed accordingly.
D. On petition of the appointing parent or spouse and a finding that the appointing parent or spouse will likely become unable to care for the incapacitated person within two years, before the appointment becomes effective, the court may confirm the appointing parent’s or spouse’s selection of a guardian and terminate the rights of others to object. Notice must be given to the guardian and any other person entitled to notice of the acceptance of the appointment.