A. When a patient is admitted on an inpatient basis to a mental health treatment agency pursuant to section 36-540, the articles of personal property which cannot be used by the patient at the institution shall be placed under the control and management of the patient’s guardian or conservator and, if none, of the patient’s spouse or next of kin.

Terms Used In Arizona Laws 36-508

  • Court: means the superior court in the county in this state in which the patient resides or was found before screening or emergency admission under this title. See Arizona Laws 36-501
  • 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.
  • Mental health treatment agency: means any of the following:

    (a) The state hospital. See Arizona Laws 36-501

  • Patient: means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter. See Arizona Laws 36-501
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Proposed patient: means a person for whom an application for evaluation has been made or a petition for court-ordered evaluation has been filed. See Arizona Laws 36-501

B. In the event the patient is without a guardian, conservator, spouse or next of kin, or the spouse or next of kin refuses to take possession of the patient’s personal property that cannot be used by the patient at the mental health treatment agency, the mental health treatment agency shall provide reasonable facilities for the storage of the patient’s personal property.

C. Upon application by any interested person, the court shall enter an appropriate order for the protection of the proposed patient‘s property where no other alternatives exist to prevent the immediate loss or destruction of that property.