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Rule 47. Guardian's Inpatient Psychiatric Treatment Authority

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part VII. Rules that Apply Only to Guardianships and Conservatorships
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 47
Formerly cited as AZ ST PROB Rule 24; AT ST PROB Rule 36
Rule 47. Guardian's Inpatient Psychiatric Treatment Authority
(a) Initial Request for Inpatient Psychiatric Treatment Authority. An initial request for inpatient psychiatric treatment authority must be made in a petition that complies with A.R.S. § 14-5312.01 and must be accompanied by a psychiatrist's or psychologist's evaluation report required under A.R.S. § 14-5312.01(P). After making the required findings, the court may authorize the guardian to consent to the placement, care, and treatment of the ward in an inpatient psychiatric treatment facility.
(1) Orders and Letters. The order authorizing a guardian to place the ward in an inpatient psychiatric treatment facility and the letters of appointment must describe the authority granted to the guardian and include a specific date that the guardian's authority terminates. The order granting the guardian inpatient psychiatric treatment authority may include other provisions that the court determines are necessary to protect the ward's best interests. The court must limit the guardian's authority to that reasonably necessary to obtain the ward's care in the least restrictive treatment alternative.
(2) Early Termination. For good cause, the court may terminate the authority before the date specified in the order.
(3) Acknowledgement. The court will not issue letters that include the guardian's inpatient psychiatric treatment authority until the guardian has signed an acknowledgment of the guardian's power and the court has entered the Supplemental Order to Guardian with Inpatient Psychiatric Treatment Authority and Acknowledgement shown in Form 2-S.
(4) Order Without Notice. If a party requests an order without notice to the subject person, the court may grant the guardian inpatient psychiatric treatment authority only if all the conditions in A.R.S. § 14-5310(B) have been met and the court has determined that an adequate basis exists under A.R.S. § 14-5312.01(B) and (C). If the court grants the request without notice, the party and the court must follow procedures that are substantially similar to those set forth in A.R.S. § 14-5310 for the appointment of a temporary guardian without notice.
(5) Annual Reports. The guardian must file an annual report as required by A.R.S. § 14-5315. In addition, a guardian who requests to continue the guardian's inpatient psychiatric treatment authority also must file an evaluation report by a psychiatrist or psychologist as required by A.R.S. § 14-5312.01(P). The guardian must file the evaluation report no later than 30 days before the termination date of the inpatient psychiatric authority.
(b) Renewal of a Guardian's Inpatient Psychiatric Treatment Authority.
(1) Renewal of Authority. The court may renew the guardian's authority to consent to inpatient psychiatric treatment as provided by A.R.S. § 14-5312.01 and this rule.
(2) Timing. The guardian must file a motion and the other documents required by subpart (b)(3) no later than 30 days before expiration of the order that grants the guardian inpatient psychiatric treatment authority. If the guardian does not file a motion for renewal before the expiration of the order, the guardian must file a new petition requesting inpatient psychiatric treatment authority under section (a).
(3) Required Filings. A guardian authorized to place a ward in an inpatient psychiatric facility pursuant to A.R.S. § 14-5312.01 may request renewal of that authority before it expires by complying with the time requirement of subpart (b)(2) and by filing
(A) a motion that states grounds for renewal and requests the court to renew the guardian's authority;
(B) a psychiatrist's or psychologist's evaluation report required under A.R.S. § 14-5312.01(P); and
(C) the guardian's annual report, if due within 30 days of the renewal of inpatient psychiatric treatment authority, or otherwise, a reference to the guardian's last annual report and an update on the information contained in the last annual report.
(4) Proposed Order. When filing the renewal motion, the guardian must submit a proposed order granting the motion and renewing the guardian's authority. Renewal orders are subject to the requirements of section (a).
(5) Service. Promptly after filing the renewal motion, the guardian must mail, deliver, or otherwise provide to both the ward and the ward's court-appointed attorney copies of the motion, the psychiatrist's or psychologist's evaluation report, the guardian's annual report or updates, and the proposed order.
(6) Objection to Motion for Renewal or Request for Hearing. The ward may file an objection to a renewal motion or may file a request for a hearing under A.R.S. § 14-5312.01(P). The guardian's authority to consent to inpatient psychiatric treatment continues pending the court's determination of the motion. If the motion proceeds to a hearing, the guardian has the burden of providing by clear and convincing evidence that the ward is likely to need inpatient psychiatric care and treatment during the renewal period.
(c) Confidentiality. The court must maintain the evaluation reports as confidential documents under Rule 8.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 47, AZ ST PROB Rule 47
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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