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Arizona Revised Statutes Title 14. Trusts, Estates and Protective Proceedings § 14-5111. Duties of appointed attorney; contempt

Current as of January 01, 2025 | Updated by Findlaw Staff

A. No later than seven calendar days before the initial hearing on a petition for the appointment of a permanent guardian or permanent conservator, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall fulfill the following minimal duties:

1. Interview the alleged incapacitated person or person allegedly in need of protection.

2. Inform the alleged incapacitated person or person allegedly in need of protection of all the following:

(a) The right to a trial by jury pursuant to § 14-1306.

(b) The right to select an attorney of the person's choosing. If the attorney is appointed by the court, the attorney shall explain to the alleged incapacitated person or person allegedly in need of protection that the person may hire a different attorney at the person's own expense.

(c) The right of the alleged incapacitated person or person allegedly in need of protection to appear in court and have any person the alleged incapacitated person or person allegedly in need of protection wishes to be present with the alleged incapacitated person or person allegedly in need of protection.

(d) A review of the court process, timelines and expected future proceedings.

3. Provide the incapacitated person or person allegedly in need of protection with a copy of the supreme court promulgated order to a guardian, order to conservator or order to guardian and conservator that the court will enter if the relief requested in the petition is granted.

B. At the initial hearing on the petition for appointment, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall attest to the court that the attorney has fulfilled the requirements prescribed in this section or shall provide an explanation as to why the attorney has been unable to comply with the requirements prescribed in this section.

C. The court may find an attorney who fails to fulfill the duties prescribed in this section in contempt of court.

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Cite this article: FindLaw.com - Arizona Revised Statutes Title 14. Trusts, Estates and Protective Proceedings § 14-5111. Duties of appointed attorney; contempt - last updated January 01, 2025 | https://codes.findlaw.com/az/title-14-trusts-estates-and-protective-proceedings/az-rev-st-sect-14-5111/

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