Probate

Rule 22

R-14-0026

Expedited effective date: December 31, 2014

Superior

Judges
Clerks
Administrators

Summary:  HB 2322 (Laws 2014, Chapter 261) furthers goals of the National Instant Criminal Background Check System (“NICS”), which was established in the 1990’s by the Brady Handgun Violence Prevention Act.  Newly enacted A.R.S. § 14-5303(F) requires the court to make a “specific finding” when appointing a guardian “as to whether the appointment of a guardian is due solely to the ward’s physical incapacity.”

 Impact:  Unless the court enters such a finding, the new legislation requires the superior court to transmit case information and the date of the guardian’s appointment to the Supreme Court. Therefore, this amendment to Rule 22 requires that every order appointing a guardian must specify whether the appointment is due solely to the ward’s physical incapacity.