A.R.S. tit. 14 ch. 5 — Arizona Revised Statutes Title 14 Chapter 5 — Protection Of Persons Under Disability And Their Property

14-5101. Definitions In this title, unless the context otherwise requires: 1. "Contact" includes in-person contact, written communication and all forms of electronic communications. 2. "Contact order" means an order allowing contact between a ward and a person with a significant relationship to the ward. 3. "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if, on petition and after a hearing, the judicial officer determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to section 14-5304.02. 4. "Inpatient psychiatric facility" means a hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services. 5. "Investigator" means a person who is appointed by the court under section 14-5308. 6. "Joint legal decision-making" has the same meaning prescribed in section 25-401. 7. "Legal decision-making" has the same meaning prescribed in section 25-401. 8. "Minor ward" means a minor for whom a guardian has been appointed solely because of minority. 9. "Parenting time" has the same meaning prescribed in section 25-401. 10. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17. 11. "Protected person" means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. 12. "Protective proceeding" means a proceeding under section 14-5401 to determine that a person cannot effectively manage or apply his estate to necessary ends, either because he lacks the ability or is otherwise inconvenienced, or because he is a minor, and to secure administration of his estate by a conservator or other appropriate relief. 13. "Psychologist" means a person licensed pursuant to title 32, chapter 19.1. 14. "Registered nurse" has the same meaning as prescribed in section 32-1601. 15. "Significant relationship" means the person either is related to the ward by blood or marriage or is a close friend of the ward as established by a history of pattern and practice. 16. "Visitation" has the same meaning prescribed in section 25-401. 17. "Ward" means a person for whom a guardian has been appointed. 14-5102. Jurisdiction of subject matter; consolidation of proceedings A. The court has jurisdiction over protective proceedings and guardianship proceedings. B. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated. 14-5103. Facility of payment or delivery A. Any person under a duty to pay or deliver money or personal property to a minor, including monies related to the settlement of a civil claim, may perform this duty, in amounts not exceeding ten thousand dollars per annum, by paying or delivering the money or property to any of the following: 1. The minor, if the minor is married. 2. Any person having the care and custody of the minor and with whom the minor resides. 3. The guardian of the minor. 4. A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor. B. This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending. C. The persons, other than the minor or any financial institution under subsection A, paragraph 4, receiving money or property for a minor are obligated to protect and preserve the money and property unless there are not sufficient resources available to provide for the minor's needs. In that event they shall apply funds as are necessary to the support and education of the minor but shall not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. D. Any balance not used and any property received for the minor shall be turned over to the minor when the minor attains majority. Within three years after the minor attains majority, the person may require an accounting. E. Persons who pay or deliver in accordance with this section are not responsible for its proper application. 14-5104. Delegation of powers by parent or guardian A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to consent to marriage or adoption of the minor. 14-5105. Bond of guardian Guardians coming into the possession or control of funds or other property of persons under disability may be required by the court to furnish a bond in an amount and under the conditions set forth for conservators in section 14-5411 and 14-5412. 14-5106. Disclosure requirements for proposed guardians and conservators; restrictions by local rules A. Before being appointed as a temporary or permanent guardian or conservator every proposed appointee, except entities referred to in section 14-5411, subsection B, shall provide to the court, under oath, the following information: 1. Whether or not the proposed appointee has been convicted of a felony in any jurisdiction and, if so, the nature of the offense, the name and address of the sentencing court, the case number, the date of conviction, the terms of the sentence, the name and telephone number of any current probation or parole officer and the reasons why the conviction should not disqualify the proposed appointee. 2. Whether or not the proposed appointee has acted as guardian or conservator for another person within three years of the petition and, if so, the number of individuals for whom the proposed appointee is currently serving and the number of individuals for whom the proposed appointee's appointment has been terminated within the three-year period. 3. Whether or not the proposed appointee has a working knowledge of the powers and duties imposed on a guardian or a conservator. 4. Whether or not the proposed appointee has acted within three years of the petition in a fiduciary capacity pursuant to a power of attorney and, if so, the number of persons for whom the appointee has so acted. If the proposed appointee has ever acted in such capacity for the proposed ward or protected person, the proposed appointee shall specify the date of execution of such power of attorney, the place where the power of attorney was executed, the actions taken by the proposed appointee pursuant to such power of attorney and whether or not such power of attorney is currently in effect. 5. Whether or not, to the best of the proposed appointee's knowledge, the proposed appointee or any enterprise in which the proposed appointee has an interest is listed in the registry pursuant to section 46-457. 6. Whether or not, within three years of the petition, the proposed appointee has failed to file any report of guardian or conservatorship accounting for three months following receipt of notice of delinquency. 7. Whether or not the proposed appointee has ever been removed as a guardian or conservator and, if so, for whom and under what circumstances. 8. The nature of the proposed appointee's relationship to the proposed ward or protected person, and how the proposed appointee met the proposed ward or protected person. 9. Whether or not the proposed appointee or any enterprise in which the proposed appointee has an interest ever received anything of value, exceeding a total of one hundred dollars in any one year, by gift, devise or bequest from an individual or the estate of an individual to whom the proposed appointee was not related by blood or marriage and for whom the proposed appointee has at any time served as guardian, conservator, trustee or agent, and, if so, the number of such occasions. 10. Whether or not, to the best of the proposed appointee's knowledge, the proposed appointee or any enterprise in which the proposed appointee has an interest is named as a personal representative, trustee, devisee or other type of beneficiary of any individual to whom the proposed appointee is not related by blood or marriage and for whom the proposed appointee has at any time served as guardian, conservator, trustee or agent and, if so, the number of such occasions. 11. Whether or not the proposed appointee has an interest in any enterprise providing housing, health care or comfort care services to any individual, and, if so, the name and address of each such enterprise and the extent of each such interest. B. The appointing court may impose restrictions or conditions on the appointment of a guardian or conservator, or of a category of guardian or conservator, that it finds necessary to provide for the appropriate care and supervision of its wards or protected persons. C. The court may, in its discretion, require proposed appointees to disclose to the court, the investigator and the court-appointed attorney further details concerning the information referred to in subsection A of this section, including, but not limited to, with respect to other occasions in which the proposed appointee has acted as a guardian or conservator, the following information: 1. The identities of the persons for whom the appointee has served as a guardian or conservator. 2. The identity of the court making each appointment and the court case number. 3. The dates of service. D. The court may, in its discretion, upon a showing of good cause place limitations upon access by the public to any or all of the information disclosed pursuant to this section. 14-5107. Military member power of attorney; definition A. A military member who is a parent or guardian of a minor child or ward may delegate to another person, for a period not to exceed one year, any powers the parent or guardian have regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of the minor child or ward. B. For the purposes of this section, "military member" means an active duty member of the army, navy, air force or marines, or a member of the reserve or national guard engaged in the performance of official duties or functions under the authority of title 10 or 32, United States Code. 14-5108. Guardianship of foreign citizens The court may appoint a guardian of an adult foreign citizen if all of the following are true: 1. The foreign citizen is under twenty-one years of age. 2. The foreign citizen has a temporary visa issued by the United States or is a legal permanent resident. 14-5109. Disclosure of compensation; determining reasonableness and necessity A. When a guardian, a conservator, an attorney or a guardian ad litem who intends to seek compensation from the estate of a ward or protected person first appears in the proceeding, that person must give written notice of the basis of the compensation by filing a statement with the court and providing a copy of the statement to all persons entitled to notice pursuant to sections 14-5309 and 14-5405. The statement must provide a general explanation of the compensation arrangement and how the compensation will be computed. B. If during the pendency of the action the basis for compensation changes, the guardian, conservator, attorney or guardian ad litem must provide notice of the change to all persons entitled to notice pursuant to this subsection not less than thirty days before the change becomes effective. C. Compensation paid from an estate to a guardian, conservator, attorney or guardian ad litem must be reasonable and necessary. To determine the reasonableness and necessity of compensation, the court must consider the best interest of the ward or protected person. The following factors may be considered to the extent applicable: 1. Whether the services provided any benefit or attempted to advance the best interest of the ward or protected person. 2. The usual and customary fees charged in the relevant professional community for the services. 3. The size and composition of the estate. 4. The extent that the services were provided in a reasonable, efficient and cost-effective manner. 5. Whether there was appropriate and prudent delegation to others. 6. Any other factors bearing on the reasonableness of fees. D. The person seeking compensation has the burden of proving the reasonableness and necessity of compensation and expenses sought. 14-5110. Claim deadline for compensation; definitions A. In a guardianship, conservatorship or protective proceeding, unless a later claim deadline is established in advance by the court, a claim for compensation by attorneys or guardians ad litem who intend to be paid by the ward or protected person's estate is waived if not submitted to the fiduciary in writing within four months after either rendering the service, incurring the cost, initial appointment of the fiduciary or the effective date of this section, whichever is later. A claim is deemed submitted on delivery, mailing or electronic transmission to the fiduciary. A subsequent appointment of a substitute fiduciary does not renew the claim period. B. This section does not apply to an attorney seeking compensation based on a contingency fee agreement. C. For the purposes of this section: 1. "Compensation" includes fees, costs and reimbursable expenses. 2. "Estate" includes any estate established pursuant to this title except a trust unless the trust is supervised by the court and the ward or protected person is a beneficiary. 14-5111. Duties of appointed attorney; contempt A. No later than seven calendar days before the initial hearing on a petition for the appointment of a permanent guardian or permanent conservator, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall fulfill the following minimal duties: 1. Interview the alleged incapacitated person or person allegedly in need of protection. 2. Inform the alleged incapacitated person or person allegedly in need of protection of all the following: (a) The right to a trial by jury pursuant to section 14-1306. (b) The right to select an attorney of the person's choosing. If the attorney is appointed by the court, the attorney shall explain to the alleged incapacitated person or person allegedly in need of protection that the person may hire a different attorney at the person's own expense. (c) The right of the alleged incapacitated person or person allegedly in need of protection to appear in court and have any person the alleged incapacitated person or person allegedly in need of protection wishes to be present with the alleged incapacitated person or person allegedly in need of protection. (d) A review of the court process, timelines and expected future proceedings. 3. Provide the incapacitated person or person allegedly in need of protection with a copy of the supreme court promulgated order to a guardian, order to conservator or order to guardian and conservator that the court will enter if the relief requested in the petition is granted. B. At the initial hearing on the petition for appointment, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall attest to the court that the attorney has fulfilled the requirements prescribed in this section or shall provide an explanation as to why the attorney has been unable to comply with the requirements prescribed in this section. C. The court may find an attorney who fails to fulfill the duties prescribed in this section in contempt of court. 14-5201. Status of guardian of minor; general A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward. 14-5202. Testamentary appointment of guardian of minor The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 14-5203, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. Upon acceptance of appointment, written notice of acceptance must be given by the guardian to the minor and also to either the person having his care or his nearest adult relation. 14-5203. Objection by minor of fourteen or older to testamentary appointment A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person. 14-5204. Court appointment of guardian of minor; conditions for appointment A. The court may appoint a guardian for a minor if the court finds that the appointment is in the best interest of the minor and that one of the following applies: 1. After being fully informed of the nature of a guardianship appointment, each living parent of the minor consents to the appointment of a guardian. 2. The parental rights of the living parents of the minor have been terminated. 3. The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8 and, based on a preponderance of the evidence, no parent of the minor is willing or able to exercise the powers and duties granted by the court to a guardian. B. A guardian who is appointed by will as provided in section 14-5202 and whose appointment has not been prevented or nullified under section 14-5203 has priority over any guardian who may be appointed by the court but the court may proceed with an appointment on a finding that the testamentary guardian has failed to accept the testamentary appointment within thirty days after notice of the guardianship proceeding. 14-5205. Court appointment of guardian of minor; venue The venue for guardianship proceedings for a minor is in the place where the minor resides or is present. 14-5206. Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints A. The court shall appoint as guardian a person whose appointment would be in the best interests of the minor. The court may appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the minor. B. Before the court may appoint as guardian a person unrelated to the minor, the court shall, in order to determine the applicant's suitability as a guardian, require the potential guardian to furnish a full set of fingerprints to the court to enable a criminal background investigation to be conducted. The court shall submit the completed fingerprint card with the fee prescribed in section 41-1750 to the department of public safety. The applicant shall bear the cost of obtaining the criminal background information. The cost shall not exceed the actual cost of obtaining the applicant's criminal background information. The department of public safety shall conduct criminal history records checks pursuant to section 41-1750 and applicable federal law. The department of public safety is authorized to submit fingerprint card information to the federal bureau of investigation for a national criminal history records check. 14-5207. Formal appointment of guardian of minor; procedure A. Any person who is interested in the welfare of a minor may petition the court for appointment of a guardian. The court shall then set a hearing date. The petitioner shall give notice of the time and place of the hearing in the manner prescribed by section 14-1401 to: 1. A minor who is at least fourteen years of age. 2. The person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition. 3. Any living parent of the minor unless both of the following apply: (a) After a due diligence search, a living parent cannot be located and served. (b) The minor is at least sixteen years of age and is not the subject of an open dependency case pursuant to title 8. B. The notice prescribed by subsection A of this section shall include both: 1. A statement of the right to object to the proposed guardianship appointment. 2. A description of the nature, purpose and consequences of the powers and duties assumed by a guardian. C. If the petitioner has not served notice on any living parent of the minor, the court shall make a determination whether the petitioner has exercised due diligence to locate a living parent of the minor. D. On hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 14-5204 have been met and the welfare and best interests of the minor will be served by the requested appointment, the court shall make the appointment and issue letters on the acceptance of the proposed guardian. In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor. E. If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months. The court may extend the authority of a temporary guardian if the court determines a longer temporary guardianship appointment is in the best interests of the minor. F. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, the court may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is at least fourteen years of age. 14-5208. Consent to service by acceptance of appointment; notice By accepting a testamentary or court appointment as guardian a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian, or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner. Letters of guardianship must indicate whether the guardian was appointed by will or by court order. 14-5209. Powers and duties of guardian of minor A. A guardian of a minor has the powers and responsibilities of a custodial parent regarding the ward’s support, care and education. A guardian is not personally liable for the ward’s expenses and is not liable to third persons by reason of the relationship for acts of the ward. B. In particular, and without qualifying the foregoing, a guardian shall: 1. Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities and physical and mental health. 2. Take reasonable care of the ward's personal effects and commence protective proceedings if necessary to protect other property of the ward. 3. Apply any available monies of the ward to the ward's current needs for support, care and education. 4. Conserve any excess monies for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator money of the ward to be conserved for the ward’s future needs. 5. Report the condition of the ward and of the ward's estate which has been subject to his possession or control, as ordered by the court on petition of any person interested in the ward’s welfare or as required by court rule. C. A guardian may: 1. Receive monies payable for the support of the ward under the terms of any statutory benefit, insurance system, private contract, devise, trust, conservatorship or custodianship, and monies or property of the ward paid or delivered pursuant to section 14-5103. 2. Take custody of the person of the ward and establish the ward’s place of residence in or outside this state, if consistent with the terms of an order of a court of competent jurisdiction relating to the detention or commitment of the ward. 3. If no conservator for the estate of the ward has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the ward or to pay amounts for the welfare of the ward. 4. Facilitate the ward's education, social or other activities and consent to medical or other professional care, treatment or advice for the ward. A guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances. 5. Consent to the marriage or adoption of the ward. 6. If reasonable, delegate to the ward certain responsibilities for decisions affecting the ward’s well-being. D. A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board and clothing personally provided to the ward, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court. E. In the interest of developing self-reliance on the part of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the minor or other interested person may: 1. Create a limited guardianship by limiting the powers of a guardian otherwise conferred by this section. Any limitation on the statutory power of a guardian of a minor must be endorsed on the guardian’s letters. 2. Remove a limitation and issue revised letters. 14-5210. Termination of appointment of guardian; general A guardian's authority and responsibility terminates on the death, resignation or removal of the guardian or on the minor's death, adoption, marriage or attainment of majority. Termination does not affect the guardian’s liability for prior acts or the guardian’s obligation to account for the ward’s monies and assets. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. 14-5211. Proceedings subsequent to appointment; venue A. The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship. B. If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interests of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed. 14-5212. Resignation or removal proceedings A. Any person interested in the welfare of a ward or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward, or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian. B. Notice of a hearing on a petition for an order subsequent to appointment shall be given to a ward who is at least fourteen years of age, the guardian and any other person the court orders to receive the notice. C. After notice and a hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate. D. If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen or more years of age. 14-5213. Prospective guardian's blindness; burden of proof; specific written findings; definitions A. A court may not refuse to appoint an individual as guardian of a minor based on the individual's blindness if the appointment is determined to be otherwise in the best interests of the minor. B. If an individual's blindness is alleged to have a detrimental impact on a minor, the party who raises the allegation has the burden of proving by clear and convincing evidence that the individual's behavior endangers or is likely to endanger the health, safety or welfare of the minor. C. If the court denies or limits the blind individual's appointment as guardian, the court shall make specific written findings that state the basis of the denial or limitation. D. For the purposes of this section: 1. "Blindness" means having either of the following: (a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. (b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. 2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees. 14-5301. Appointment of guardian by will or other writing; objections; notice A. A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. Appointments become effective only as prescribed pursuant to section 14-5301.01, subsection A. B. An individual, by will or other signed writing, may appoint a guardian for the individual's spouse who the appointing spouse believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. An appointment pursuant to this subsection becomes effective only as prescribed pursuant to section 14-5301.01, subsection A. C. Unless the court has confirmed the appointment pursuant to subsection D of this section, the incapacitated person, the person having care or custody of the incapacitated person if other than the appointing parent or spouse or the adult nearest in kinship to the incapacitated person may file a written objection to an appointment. The filing of the written objection terminates the appointment. An objection may be withdrawn and, if withdrawn, has no effect. The objection does not preclude judicial appointment of the person selected by the appointing parent or spouse. Notice of the objection must be given to the guardian and any other person entitled to notice of the acceptance of the appointment. The court may treat the filing of an objection as a petition for the appointment of a temporary guardian pursuant to section 14-5310 or for the appointment of a limited or general guardian pursuant to section 14-5303 and proceed accordingly. D. On petition of the appointing parent or spouse and a finding that the appointing parent or spouse will likely become unable to care for the incapacitated person within two years, before the appointment becomes effective, the court may confirm the appointing parent's or spouse's selection of a guardian and terminate the rights of others to object. Notice must be given to the guardian and any other person entitled to notice of the acceptance of the appointment. 14-5301.01. Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation A. The appointment of a guardian pursuant to section 14-5301 is effective on the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse or a written determination by a physician who has examined the appointing parent or spouse that the appointing parent or spouse is no longer able to care for the incapacitated person, whichever first occurs. B. A guardian appointed pursuant to section 14-5301 is eligible to act on the filing of an acceptance of appointment, which must be filed within thirty days after the guardian's appointment becomes effective. The guardian must: 1. File the notice of acceptance of appointment and a copy of the will with the court in the county in which the will was or could be probated or, in the case of a signed writing created pursuant to section 14-5301, file the acceptance of appointment and the signed writing with the court in the county in which the incapacitated person resides or is present. 2. Give written notice of the acceptance of appointment to the appointing parent or spouse, if living, the incapacitated person, a person having care or custody of the incapacitated person other than the appointing parent or spouse, and the adult nearest in kinship. Unless the appointment was previously confirmed by the court, the notice given pursuant to this paragraph must include a statement of the right of those notified to terminate the appointment by filing a written objection as provided in section 14-5301. C. An appointment effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this state. D. Unless the appointment was previously confirmed by the court, within thirty days after filing the notice and the will or signed writing, a guardian appointed pursuant to section 14-5301 must file a petition in the court for confirmation of the appointment. Notice of the filing must be given in the manner as prescribed in section 14-5309. E. The authority of a guardian appointed under section 14-5301 terminates on the appointment of a guardian by the court or the giving of written notice to the guardian of the filing of an objection pursuant to section 14-5301, whichever first occurs. F. The appointment of a guardian under this section is not a determination of incapacity. G. The powers of a guardian who timely complies with the requirements of subsections B and D of this section give acts by the guardian that are of benefit to the incapacitated person and that occurred on or after the date the appointment became effective the same effect as those that occurred after the filing of the acceptance of appointment. 14-5301.02. Appointment and status of guardian A person becomes a guardian of an incapacitated person by a parental or spousal appointment or on appointment by the court. The guardianship continues until it is terminated, without regard to the location of the guardian or the ward. 14-5301.03. Judicial appointment of guardian; special provision for incapacitated minors approaching adulthood A. A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be incapacitated may initiate guardianship proceedings pursuant to this article and request that any guardianship order take effect immediately on the minor's eighteenth birthday. B. The petitioner may provide with the petition a report of an evaluation of the minor by a physician, psychologist or registered nurse that meets the requirements of section 14-5303, subsection D. If the evaluation was conducted within six months after the date the petition is filed with the court, the petitioner may ask in the petition that the court accept this report in lieu of ordering any additional evaluation pursuant to section 14-5303, subsection C, and the court may grant the request. 14-5301.04. Judicial appointment of conservator or protective order; special provision for incapacitated minors approaching adulthood A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be in need of protection may petition the court for appointment of a conservator or request an appropriate protective order pursuant to section 14-5404 and request that any conservatorship order or protective order take effect immediately on the minor's eighteenth birthday. 14-5302. Venue The venue for guardianship proceedings for an incapacitated person is in the county where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits. 14-5303. Procedure for court appointment of a guardian of an alleged incapacitated person A. The alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order. B. The petition shall contain a statement that the authority granted to the guardian may include the authority to withhold or withdraw life sustaining treatment, including artificial food and fluid, and shall state, at a minimum and to the extent known, all of the following: 1. The interest of the petitioner. 2. The name, age, residence and address of the alleged incapacitated person. 3. The name, address and priority for appointment of the person whose appointment is sought. 4. The name and address of the conservator, if any, of the alleged incapacitated person. 5. The name and address of the nearest relative of the alleged incapacitated person known to the petitioner. 6. A general statement of the property of the alleged incapacitated person, with an estimate of its value and including any compensation, insurance, pension or allowance to which the person is entitled. 7. The reason why appointment of a guardian or any other protective order is necessary. 8. The type of guardianship requested. If a general guardianship is requested, the petition must state that other alternatives have been explored and why a limited guardianship is not appropriate. If a limited guardianship is requested, the petition also must state what specific powers are requested. 9. If a legal decision-making, parenting time or visitation order was previously entered regarding an alleged incapacitated person in a marriage dissolution, legal separation or paternity action in this state or another jurisdiction and the petitioner or proposed guardian is a parent of the alleged incapacitated person or a nonparent who has been awarded legal decision-making as to the alleged incapacitated person, the court and case number for that action or proceeding and include a copy of the most recent court order regarding legal decision-making, parenting time and visitation. 10. If the appointment of a guardian is necessary due solely to the physical incapacity of the alleged incapacitated person. 11. Whether the alleged incapacitated person is the principal under a health care power of attorney, and, if so, a copy of that health care power of attorney must be attached to the petition. 12. Whether the alleged incapacitated person is the principal under a durable power of attorney in which the alleged incapacitated person has nominated someone to serve as guardian, and, if so, a copy of that durable power of attorney must be attached to the petition. 13. Whether the alleged incapacitated person has a present vested interest in a trust, and, if so, the name of the trust and the current trustee of the trust. C. On the filing of a petition, the court shall set a hearing date on the issues of incapacity. Unless the alleged incapacitated person is represented by independent counsel, the court shall appoint an attorney to represent that person in the proceeding. The alleged incapacitated person shall be interviewed by an investigator appointed by the court and shall be examined by a physician, psychologist or registered nurse appointed by the court. If the alleged incapacitated person has an established relationship with a physician, psychologist or registered nurse who is determined by the court to be qualified to evaluate the capacity of the alleged incapacitated person, the court may appoint the alleged incapacitated person's physician, psychologist or registered nurse pursuant to this subsection. The investigator and the person conducting the examination shall submit their reports in writing to the court. In addition to information required under subsection D of this section, the court may direct that either report include other information the court deems appropriate. The investigator also shall interview the person seeking appointment as guardian, visit the present place of abode of the alleged incapacitated person and the place where it is proposed that the person will be detained or reside if the requested appointment is made and submit a report in writing to the court. The alleged incapacitated person is entitled to be present at the hearing and to see or hear all evidence bearing on that person's condition. The alleged incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and investigator, and to trial by jury. The court may determine the issue at a closed hearing if the alleged incapacitated person or that person's counsel so requests. D. At the initial hearing on the petition, the court shall read into the record the notice of right to trial by jury as stated in the notice of hearing. E. A report filed pursuant to this section by a physician, psychologist or registered nurse acting within that person's scope of practice shall include the following information: 1. A specific description of the physical, psychiatric or psychological diagnosis of the person. 2. A comprehensive assessment listing any functional impairments of the alleged incapacitated person and an explanation of how and to what extent these functional impairments may prevent that person from receiving or evaluating information in making decisions or in communicating informed decisions regarding that person. 3. An analysis of the tasks of daily living the alleged incapacitated person is capable of performing without direction or with minimal direction. 4. A list of all medications the alleged incapacitated person is receiving, the dosage of the medications and a description of the effects each medication has on the person's behavior to the best of the declarant's knowledge. 5. A prognosis for improvement in the alleged incapacitated person's condition and a recommendation for the most appropriate rehabilitation plan or care plan. 6. Other information the physician, psychologist or registered nurse deems appropriate. 14-5304. Findings; limitations; filing; fingerprinting A. In exercising its appointment authority pursuant to this chapter, the court shall encourage the development of maximum self-reliance and independence of the incapacitated person. B. The court may appoint a general or limited guardian as requested if the court finds by clear and convincing evidence that: 1. The person for whom a guardian is sought is incapacitated. 2. The appointment is necessary to provide for the demonstrated needs of the incapacitated person. 3. The person's needs cannot be met by less restrictive means, including the use of appropriate technological assistance. C. In conformity with the evidence regarding the extent of the ward's incapacity, the court may appoint a limited guardian and specify time limits on the guardianship and limitations on the guardian's powers. D. The guardian shall file an acceptance of appointment with the appointing court. E. The court may require each person who seeks appointment as a guardian to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation. The court shall submit the person's completed fingerprint card to the department of public safety. The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to a fiduciary who is licensed pursuant to section 14-5651 or an employee of a financial institution. F. The court shall make a specific finding as to whether the appointment of a guardian is due solely to the ward's physical incapacity. G. Unless the court makes a specific finding that the appointment of a guardian is due solely to the ward's physical incapacity under subsection F of this section, at the time of appointing a guardian, the court shall transmit the ward's name, sex and date of birth, the last four digits of the ward's social security number, if available, the court case number, the court originating agency identification number and the date of the guardian's appointment to the supreme court. The supreme court shall transmit the information to the department of public safety. The department of public safety shall transmit the information to the national instant criminal background check system. H. If a petition for guardianship is withdrawn before an adjudication of incapacity or is denied based on a finding that the allegation of incapacity is unproven or if a petition for guardianship was filed frivolously or without merit, the court may order public access to the file, the records contained in the file, or information about the file be prohibited absent a subsequent court order allowing such access after a showing of good cause. 14-5304.01. Effect of appointment of guardian on privilege to operate a motor vehicle A. On the appointment of a guardian, the court may determine that the ward's privilege to obtain or retain a driver license should be suspended and issue an order suspending the privilege. B. If the court is presented with sufficient medical or other evidence to establish that the ward's incapacity does not prevent the ward from safely operating a motor vehicle, it may decline to suspend the ward's privilege to obtain or retain a driver license and issue an order allowing the ward to obtain or retain a driver license. C. The finding of interim incapacity pursuant to section 14-5310 does not cause the suspension of the ward's privilege to obtain or retain a driver license or to operate a motor vehicle pursuant to section 28-3153 unless the court also finds that the interim incapacity affects the ward's ability to safely operate a motor vehicle and that the privilege should be immediately suspended. In lieu of ordering the ward's driver license suspended, the court may order the ward not to drive a motor vehicle until the ward presents sufficient medical or other evidence to establish that the ward's interim incapacity does not affect the ward's ability to safely operate a motor vehicle. The ward may present the medical or other evidence by motion to the court. The court may rule on the motion without hearing if there are no objections to the motion. D. A ward whose privilege to obtain or retain a driver license has been suspended or revoked by court order may file a request to terminate the suspension or revocation and reinstate the privilege. In reaching its decision the court shall consider medical evidence that the ward's incapacity does not prevent the ward from safely operating a motor vehicle and may consider other evidence, including a certificate of graduation from an accredited driving school with a recommendation that the ward should be extended driving privileges. If the court grants the order terminating the suspension or revocation and reinstating the privilege, the ward may apply to the department of transportation for the issuance or reinstatement of a driver license and must comply with all applicable department rules. E. An order terminating a temporary or permanent guardianship is an order terminating any incapacity previously adjudicated and vacates any previous orders suspending or revoking the person's privilege to obtain or retain a driver license. The person may apply to the department of transportation for the issuance or reinstatement of a driver license and must comply with all applicable department rules. 14-5304.02. Limited guardianship; voting A person for whom a limited guardian is appointed shall retain the right to vote if the person files a petition, has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote. 14-5305. Acceptance of appointment; consent to jurisdiction By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner. 14-5306. Termination of guardianship for incapacitated person Except pursuant to section 14-5317, the authority and responsibility of a guardian for an incapacitated person terminates on the death of the guardian or ward, a determination of incapacity of the guardian, or substitution or resignation as provided in section 14-5307. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for funds and assets of the guardian's ward. 14-5307. Substitution or resignation of guardian; termination of incapacity A. On petition of the ward or any person interested in the ward's welfare, or on the court's own initiative, the court shall substitute a guardian and appoint a successor if it is in the best interest of the ward. The court does not need to find that the guardian acted inappropriately to find that the substitution is in the ward's best interest. The guardian and the guardian's attorney may be compensated from the ward's estate for defending against a petition for substitution only for the amount ordered by the court and on petition by the guardian or the guardian's attorney. When substituting a guardian and appointing a successor, the court may appoint an individual nominated by the ward if the ward is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice. On petition of the guardian, the court may accept a resignation and make any other order that may be appropriate. B. The ward may petition the court for an order that the ward is no longer incapacitated or petition for substitution of the guardian at any time. A request for this order may be made by informal letter to the court or judge. A person who knowingly interferes with the transmission of this request may be found in contempt of court. C. An interested person, other than the guardian or ward, shall not file a petition for adjudication that the ward is no longer incapacitated earlier than one year after the order adjudicating incapacity was entered unless the court permits it to be made on the basis of affidavits that there is reason to believe that the ward is no longer incapacitated. D. An interested person, other than the guardian or ward, shall not file a petition to substitute a guardian earlier than one year after the order adjudicating incapacity was entered unless the court permits it to be made on the basis of affidavits that there is reason to believe that the current guardian will endanger the ward's physical, mental or emotional health if not substituted. E. Before substituting a guardian, accepting the resignation of a guardian or ordering that a ward's incapacity has terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send an investigator to the residence of the present guardian and to the place where the ward resides or is detained to observe conditions and report in writing to the court. F. On termination of the incapacity, the supreme court shall transmit the order terminating the incapacity to the department of public safety. The department of public safety shall transmit the information to the national instant criminal background check system. 14-5308. Court appointed investigators; qualifications; duties A. An investigator appointed by the court under sections 14-5303 and 14-5407 shall have a background in law, nursing or social work and shall have no personal interest in the proceedings. B. The investigator shall conduct an investigation before the court appoints a guardian or a conservator to allow the court to determine the appropriateness of that appointment. As directed by the court, the investigator shall conduct additional investigations to determine if it is necessary to continue the appointment. C. In conducting investigations the investigator shall: 1. Interview the alleged incapacitated person or the protected person and the proposed guardian or conservator. 2. Visit the alleged incapacitated person's or the protected person's current or proposed place of residence. 3. Interview nursing home or care home care givers and the home's manager or administrator. 4. Transport the alleged incapacitated person or the protected person as directed by the court. D. In conducting interviews under this section the investigator may examine any court record, medical record or financial record that relates to the investigation. E. As a condition of appointment as an investigator the court shall require the applicant to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation to determine the applicant's suitability. The court shall submit the completed fingerprint card to the department of public safety. The department shall provide the applicant's criminal history record information to the court pursuant to section 41-1750. The department of public safety shall conduct criminal history records checks pursuant to section 41-1750 and applicable federal law. The department of public safety is authorized to submit fingerprint card information to the federal bureau of investigation for a national criminal history records check. F. An investigator appointed by the court pursuant to sections 14-5303 and 14-5407, and any person or entity closely related to the investigator, shall not be appointed as a fiduciary, attorney or professional in the same case or for the same person who was the subject of the prior investigation unless otherwise ordered by the court for good cause. For the purposes of this subsection, "closely related" includes a spouse, child, parent, sibling, grandparent, aunt, uncle or cousin of the investigator and any business, partnership, corporation, limited liability company, trust or other entity that the investigator or a closely related person has a financial interest in, is employed by or receives compensation or financial benefit from. 14-5309. Notices in guardianship proceedings; damages A. In a proceeding for a contact order or modification of a contact order pursuant to section 14-5316 or for the appointment or substitution of a guardian of a ward or an alleged incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of a hearing shall be given to each of the following: 1. The ward or the alleged incapacitated person and that person's spouse, parents and adult children. 2. Any person who is serving as guardian or conservator or who has the care and custody of the ward or the alleged incapacitated person. 3. In case no other person is notified under paragraph 1 of this subsection, at least one of that person's closest adult relatives, if any can be found. 4. Any person who has filed a demand for notice. B. At least fourteen days before the hearing notice shall be served personally on the ward or the alleged incapacitated person and that person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the ward or the alleged incapacitated person shall be given as provided in section 14-1401. Waiver of notice by the ward or the alleged incapacitated person is not effective unless that person attends the hearing. C. In addition to stating the time and place of the hearing, a notice given pursuant to this section shall provide notice of the right to a trial by jury under section 14-1306, subsection A. D. The court may order a person who intentionally fails to provide notice of a hearing as required by this section, or who knowingly makes a false claim that the person did not receive notice of a hearing, to pay damages, including reasonable attorney fees and costs, incurred as a result of such unreasonable conduct. 14-5310. Temporary guardians; appointment; notice; court appointed attorney hearings; duties A. If an alleged incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the duties of a guardian and the welfare of the ward is found to require immediate action, the alleged incapacitated person, the ward or any person interested in the welfare of the alleged incapacitated person or the ward may petition for a finding of interim incapacity and for the appointment of a temporary guardian. No finding and appointment may be made without notice, pursuant to section 14-5309, except as provided in subsection B of this section. B. The court may enter a finding of interim incapacity and may appoint a temporary guardian without notice to the proposed ward or the proposed ward's attorney only if all of the following conditions are met: 1. It clearly appears from specific facts shown by an affidavit or by the verified petition that immediate and irreparable injury, loss or damage will result before the proposed ward or the