(a) Appointment. Any party, including the attorney for a party who might be incapacitated or in need of protection, may move for the appointment of a guardian ad litem (hereinafter referred to as a “GAL”). On such motion, or on its own initiative, the court may appoint a GAL for a party if the court finds reasonable cause to believe that the party is, or may be, an incapacitated person or an adult in need of protection and the party is or may be in need of a guardian or conservator, or both, or other protective order under Chapter 5 of Title 14 of the Arizona Revised Statutes. The court must notify the parties and the GAL of the appointment within 3 days.

(b) GAL's Qualifications. A GAL appointed under this rule must be an attorney licensed to practice in Arizona. A GAL must not have ever represented any of the parties; must not be related to any party or to a party's attorney; and must have no personal interest in the family law case.

(c) Stay of Proceedings Upon Appointment. Unless the court orders otherwise, the court's appointment of a GAL under this rule automatically stays the family law proceeding, except that all previously issued orders, including a preliminary injunction, remain in effect. This stay remains in effect until the court enters an order lifting the stay.

(d) Role. The role of a GAL appointed under this rule is limited to investigating whether the adult party for whom the GAL was appointed (hereinafter referred to as the “subject person”) may be in need of a guardian, conservator, or other protective order under Title 14 of the Arizona Revised Statutes, and, if so, to initiate and prosecute proceedings under Chapter 5 of Title 14 of the Arizona Revised Statutes. The GAL does not represent the subject person in the family law proceeding and may not be called to testify in that proceeding or be asked to advise the subject person or the court on any pending issue in the family law case except on whether the subject person may be in need of a guardian, conservator, or other protective order under Title 14 of the Arizona Revised Statutes.

(e) Authority. The GAL may perform the following acts:

(f) Order of Appointment. The order appointing the GAL must set forth the basis for the GAL's appointment, the scope and duration of the GAL's appointment, and the GAL's powers, including those described in Rule 37.1(e).

(h) Independent Evaluation. On the GAL's motion, or on its own initiative, the court may order an evaluation of the subject person by a licensed physician to assist the GAL in determining whether the adult party is an incapacitated person or an adult in need of protection. The physician must provide the results of that evaluation only to the guardian ad litem, and the evaluation is not subject to discovery in the family law case.

(i) Report. Within the time set by the court, the GAL must file in the family law case a report regarding the status and results of the GAL's investigation, including whether the GAL, or anyone else, intends to or has initiated guardianship proceedings, conservatorship proceedings, or both. If the report contains privileged or confidential information, the GAL must request to file the report under seal. The GAL must provide the parties to the family law case with a copy of the report but not any privileged or confidential information.

(j) Fees and Costs of GAL and Physician. A GAL and any physician appointed under this rule are entitled to receive reasonable compensation for the work they performed and costs they incurred. The court must determine what, if any, portion of their reasonable fees and costs should be paid by the subject person and what, if any, portion should be paid from community property. If the court determines that the subject person and the marital community have insufficient funds to pay fees and costs, the court may order all or any part of the reasonable fees and costs to be paid as a county expense.