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Rule 42. Training, Role, and Termination of an Attorney for a Subject Person

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 42
Formerly cited as AZ ST PROB Rule 10(E)
Rule 42. Training, Role, and Termination of an Attorney for a Subject Person
(a) Training. A court-appointed attorney for the subject person of an adult guardianship or protective proceeding must complete training prescribed by the Supreme Court.
(b) The Attorney's Role. The attorney for the subject person must advocate for the subject person's wishes to the extent the attorney is able to ascertain those wishes. The attorney must, as far as possible, maintain a normal client-lawyer relationship with the subject person. In addition, the attorney must act to protect the subject person's substantive and procedural due process rights.
(c) Subject Person's Death.
(1) Generally. The participation of an attorney representing the subject person in a guardianship or protective proceeding terminates upon the subject person's death.
(2) Exception. In extraordinary situations and for good cause, the court may authorize the limited participation of the subject person's attorney after the subject person's death. The court's order authorizing the attorney's continued participation must state the basis and scope of the attorney's continued participation.


Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 42, AZ ST PROB Rule 42
State Court Rules are current with amendments received and effective through May 15, 2023. The Code of Judicial Administration is current with amendments received through May 15, 2023.
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