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Current as of March 08, 2022 | Updated by FindLaw Staff
A. A court may not refuse to appoint an individual as guardian of a minor based on the individual's blindness if the appointment is determined to be otherwise in the best interests of the minor.
B. If an individual's blindness is alleged to have a detrimental impact on a minor, the party who raises the allegation has the burden of proving by clear and convincing evidence that the individual's behavior endangers or is likely to endanger the health, safety or welfare of the minor.
C. If the court denies or limits the blind individual's appointment as guardian, the court shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. “Blindness” means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. “Central visual acuity of 20/200 or less” includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 14. Trusts, Estates and Protective Proceedings § 14-5213. Prospective guardian's blindness; burden of proof; specific written findings; definitions - last updated March 08, 2022 | https://codes.findlaw.com/az/title-14-trusts-estates-and-protective-proceedings/az-rev-st-sect-14-5213/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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