Legislative Update

PROBATE

Chapter 7

SB1013

Effective Date
General

Item of interest to:
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge
Administrative Office of the Courts

ARREST WARRANTS; CHILD SUPPORT; FIDUCIARY
Sen. Chuck Gray

The provision allowing a facsimile of a judicial officer’s signature on a fiduciary arrest warrant or child support arrest warrant to be deemed the authorized signature of that officer is deleted. The bill is intended to expand the ability of courts to use e-signatures and not be limited to an original or copy of a written signature.

Statute Amended:  A.R.S. §14-5701, 25-681

Court Impact:  Removes the requirement for a facsimile of the judge's signature on a fiduciary or child support arrest warrant.
Chapter 162

SB1282

Effective Date
General

Item of interest to:
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge
Administrative Office of the Courts

ADULT ADOPTION
Sen. Miranda

An adult is now able to adopt another adult between the ages of 18 and 21 years old if the adult being adopted consents to the adoption.

Statute amended:  A.R.S. § 14-8101

Court Impact:  Informational
Chapter 248

HB2836

Effective Date
General

Item of interest to:
Superior Court:
Clerk of Court
Court Administrator
Judge
Administrative Office of the Courts

GUARDIANS AND CONSERVATORS
Rep. Barto

If a petitioner for a guardianship or conservatorship of a person withdraws the petition or the petitioner fails to prosecute the petition, the court may order that compensation of the lawyer or expert appointed as a result of the petition be paid by the petitioner or the ward’s estate.

A lawyer employed to represent a guardian or conservator is entitled to reasonable compensation from the ward’s estate if the petition is granted.

An estate conservator is no longer required to provide a final account if the conservatorship is terminated due to the death of the protected person and a verified statement containing items enumerated in statute is filed, including a written waiver of the final accounting by all the protected person’s successors. The personal representative who is not the conservator may file the waiver.

The list of individuals who are entitled to reasonable compensation from the estate of a protected person is expanded to include a psychologist and an independent lawyer not appointed by the court.

The contents of the closing statement required to be delivered to the protected person’s successors are also enumerated in statute.

The following terms are defined:

  • ‘Guardian’ includes both a guardian and a temporary guardian.
  • ‘Ward’ is amended to include an alleged incapacitated person.
  • ‘Conservator’ includes a conservator, temporary conservator or special conservator.
  • ‘Petition” is a petition submitted to the court for the appointment of a guardian, temporary guardian, conservator or temporary conservator.
  • ‘Protected person’ includes a person who is alleged to be in need of protection.
  • ‘Protected person’s successor’ include the personal representative of the protected person’s estate, if the personal representative and the conservator are not the same person. The protected person’s heirs, if the protected person died without a will and the personal representative and the conservator are the same person. The devisees under the protected person’s will, if the protected person died with a will and the personal representative and the conservator are the same person.

Statute Amended: A.R.S. §14-5314, 14-5414.01, 14-5419, 14-5425

Court Impact: Prescribes additional parties who may receive compensation in guardianship and conservatorship cases including an independent lawyer or psychologist. The court may order the compensation from the ward's estate or by the petitioner. The court may consider any evidence it considers appropriate in making its determination. Allows a conservator to file a verified statement in lieu of a final accounting with permission of the court and specifies the content of the statement. Specifies condition under which a conservator may proceed to administer and distribute a decedents estate without additional or further appointment.
Chapter 281

HB2823

Effective Date
General

Item of interest to:
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk

PATIENT CARE; PRESUMPTIONS
Rep. Stump

Any surrogate who is not the agent or guardian of a patient is prohibited from making decisions to withdraw artificial administration of food or fluid. The court is required to enter a temporary order directing compliance with this provision on the filing of any petition to determine the validity or effect of a health care directive or decision of a surrogate. Notice of the order must be provided by personal service on the surrogate, patient, health care providers immediately responsible for the patient's care and any other persons required to be notified by the court.

Statute Amended: A.R.S. §36-3203, 36-3206, 36-3231

Court Impact: Allows the filing of a petition in superior court questioning the validity or effect of a health care directive or the decision of a surrogate to make health care decisions for an incapacitated person.