A. If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem who is appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, is entitled to reasonable compensation from the estate of the ward if the petition is granted, or from the petitioner if the petition is denied.

Terms Used In Arizona Laws 14-5314

  • Court: means the superior court. See Arizona Laws 14-1201
  • Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Arizona Laws 14-1201
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Guardian ad litem: includes a person who is appointed pursuant to section 14-1408. 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
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Investigator: means a person who is appointed by the court under section 14-5308. 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
  • Physician: means a person licensed pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 14-5101
  • Probate: Proving a will
  • Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Psychologist: means a person licensed pursuant to Title 32, Chapter 19. See Arizona Laws 14-5101
  • Ward: means a person for whom a guardian has been appointed. See Arizona Laws 14-5101

B. If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner’s failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, be paid either from the ward’s estate or by the petitioner, depending on the facts and circumstances. In making this determination, the court may consider any evidence it deems appropriate.

C. A lawyer who is employed by the guardian to represent the guardian in the guardian’s appointment or duties as guardian is entitled to reasonable compensation from the ward’s estate if the petition is granted. If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner’s failure to prosecute, the court may order that the compensation of the proposed guardian’s lawyer be paid either from the ward’s estate or by the petitioner, depending on the facts and circumstances. In making these determinations, the court may consider any evidence it deems appropriate.

D. A lawyer who is employed by the petitioner to represent the petitioner in seeking the appointment of a guardian is entitled to reasonable compensation from the ward’s estate if the petition is granted.

E. If the court compensates the provider of a service, the court may charge the estate for the reasonable cost of the service and shall deposit these monies in the probate fund pursuant to section 14-5433.

F. If compensation by the ward or the petitioner is not feasible the court shall determine and pay reasonable compensation for services rendered by an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem appointed in a guardianship proceeding.

G. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.

H. For the purposes of this section:

1. "Guardian" includes both a guardian and a temporary guardian.

2. "Petition" means a petition filed pursuant to section 14-5303, subsection A or section 14-5310, subsection A.

3. "Ward" includes an alleged incapacitated person.

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