Bill Text: AZ SB1389 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Incapacitated person; guardian ad litem

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-04-28 - Chapter 303 [SB1389 Detail]

Download: Arizona-2021-SB1389-Introduced.html

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REFERENCE TITLE: incapacitated person; special investigator

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

SB 1389

 

Introduced by

Senator Barto

 

 

AN ACT

 

amending Title 25, Arizona Revised Statutes, by adding chapter 11; relating to domestic relations proceedings.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 25, Arizona Revised Statutes, is amended by adding chapter 11, to read:

CHAPTER 11

DOMESTIC RELATIONS PROCEEDINGS

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE25-1501.  Alleged incapacitated person; special investigator

A.  In a proceeding filed pursuant to this title, if the court finds that there is reasonable cause to believe that an adult party is or may be an incapacitated person as defined in section 14-5101 or is a person in need of protection pursuant to section 14-5401 and that the party is or may be in need of guardianship or conservatorship, or both, the court may appoint a special investigator to conduct an investigation concerning the need for a guardian or conservator, or both.

B.  If deemed necessary to adequately assess the capacity of an adult party to a pending proceeding pursuant to this title, on the request of the special Investigator or on the court’s own motion the court may order an independent evaluation by a licensed physician who is competent to perform such an evaluation.

C.  A special investigator appointed by the court and any evaluator designated by the court to evaluate the capacity of an adult party to the proceedings pursuant to this section may receive reasonable compensation for the work performed by the investigator or evaluator.  The reasonable fees and costs of the investigator and any evaluator appointed shall be paid for by the person alleged to be incapacitated or in need of protection or paid from an appropriate available marital community property fund or asset. If the court determines that the person who is alleged to be incapacitated or in need of protection has insufficient monies to pay the total cost of the fees and costs of a special investigator or evaluator or that there are insufficient available community monies or assets to pay these fees and costs, the court may order all or any part of the fees or costs to be a county expense after determining the reasonableness of the fees or costs.

D.  The Supreme Court shall adopt appropriate rules to govern the appointment of a special investigator in proceedings under this title. END_STATUTE