Rule 41. Appointment of an Attorney, Medical Professional, or Investigator in a Guardianship or...
Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 41
Formerly cited as AZ ST PROB Rule 19
Rule 41. Appointment of an Attorney, Medical Professional, or Investigator in a Guardianship or Protective Proceeding
(a) Time and Method. A person seeking the appointment of a guardian or the entry of a protective order must request the court to appoint an attorney, investigator, or medical professional, as required by A.R.S. Title 14, when the petition is filed. The request may be included in the petition or filed as a separate motion. The court may, on its own motion, appoint an attorney, investigator, or medical professional other than the one nominated by the petitioner.
(b) Nomination of Attorney. Absent good cause, a petitioner must not nominate an attorney to represent the subject person unless the attorney has an existing attorney-client relationship with the subject person, and the petition describes the attorney's relationship with the subject person and any relationship with the petitioner.
(d) Nomination of Physician, Psychologist, Psychiatrist, or Registered Nurse. If a petitioner nominates a physician, psychologist, psychiatrist, or registered nurse to evaluate the subject person, the petition must describe the nominee's prior relationship, if any, with the petitioner and the subject person.
Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 41, AZ ST PROB Rule 41
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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