A. An investigator appointed by the court under sections 14-5303 and 14-5407 shall have a background in law, nursing or social work and shall have no personal interest in the proceedings.

Terms Used In Arizona Laws 14-5308

  • 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
  • Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Arizona Laws 14-1201
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the superior court. See Arizona Laws 14-1201
  • 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
  • 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.
  • 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
  • Investigator: means a person who is appointed by the court under section 14-5308. 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual or an organization. See Arizona Laws 14-1201
  • Protected person: means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. See Arizona Laws 14-5101
  • Trust: includes an express trust, private or charitable, with any additions, wherever and however created. See Arizona Laws 14-1201

B. The investigator shall conduct an investigation before the court appoints a guardian or a conservator to allow the court to determine the appropriateness of that appointment. As directed by the court, the investigator shall conduct additional investigations to determine if it is necessary to continue the appointment.

C. In conducting investigations the investigator shall:

1. Interview the alleged incapacitated person or the protected person and the proposed guardian or conservator.

2. Visit the alleged incapacitated person‘s or the protected person’s current or proposed place of residence.

3. Interview nursing home or care home care givers and the home’s manager or administrator.

4. Transport the alleged incapacitated person or the protected person as directed by the court.

D. In conducting interviews under this section the investigator may examine any court record, medical record or financial record that relates to the investigation.

E. As a condition of appointment as an investigator the court shall require the applicant to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation to determine the applicant’s suitability. The court shall submit the completed fingerprint card to the department of public safety. The department shall provide the applicant’s criminal history record information to the court pursuant to section 41-1750. The department of public safety shall conduct criminal history records checks pursuant to section 41-1750 and applicable federal law.  The department of public safety is authorized to submit fingerprint card information to the federal bureau of investigation for a national criminal history records check.

F. An investigator appointed by the court pursuant to sections 14-5303 and 14-5407, and any person or entity closely related to the investigator, shall not be appointed as a fiduciary, attorney or professional in the same case or for the same person who was the subject of the prior investigation unless otherwise ordered by the court for good cause. For the purposes of this subsection, "closely related" includes a spouse, child, parent, sibling, grandparent, aunt, uncle or cousin of the investigator and any business, partnership, corporation, limited liability company, trust or other entity that the investigator or a closely related person has a financial interest in, is employed by or receives compensation or financial benefit from.