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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

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 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.
(c) Prohibited Attorney Appointments. The court may not appoint an attorney for the subject person, nor may the attorney accept an appointment, if
(1) the attorney has an existing attorney-client relationship with the proposed guardian or conservator, or
(2) the attorney has a prior attorney-client relationship with the proposed guardian or conservator, unless after disclosure of the prior relationship to the court and parties, the court approves the appointment.
(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.
(e) Proposed Order. When the petition is filed, the petitioner must provide to the assigned or authorized judicial officer a blank form of order appointing the attorney, investigator, and medical professional.
(f) Notice to Appointees. The petitioner must promptly provide each individual appointed under this rule with a copy of the order appointing that individual, the petition requesting the appointment of a guardian or the entry of a protective order, and the notice of hearing.

Credits

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 April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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