A. No later than seven calendar days before the initial hearing on a petition for the appointment of a permanent guardian or permanent conservator, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall fulfill the following minimal duties:

Terms Used In Arizona Laws 14-5111

  • Conservator: means a person who is appointed by a court to manage the estate of a protected person. 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
  • 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
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

1. Interview the alleged incapacitated person or person allegedly in need of protection.

2. Inform the alleged incapacitated person or person allegedly in need of protection of all the following:

(a) The right to a trial by jury pursuant to section 14-1306.

(b) The right to select an attorney of the person’s choosing. If the attorney is appointed by the court, the attorney shall explain to the alleged incapacitated person or person allegedly in need of protection that the person may hire a different attorney at the person’s own expense.

(c) The right of the alleged incapacitated person or person allegedly in need of protection to appear in court and have any person the alleged incapacitated person or person allegedly in need of protection wishes to be present with the alleged incapacitated person or person allegedly in need of protection.

(d) A review of the court process, timelines and expected future proceedings.

3. Provide the incapacitated person or person allegedly in need of protection with a copy of the supreme court promulgated order to a guardian, order to conservator or order to guardian and conservator that the court will enter if the relief requested in the petition is granted.

B. At the initial hearing on the petition for appointment, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall attest to the court that the attorney has fulfilled the requirements prescribed in this section or shall provide an explanation as to why the attorney has been unable to comply with the requirements prescribed in this section.

C. The court may find an attorney who fails to fulfill the duties prescribed in this section in contempt of court.

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