SB 1389 Summary

• Amends Arizona Revised Statutes Title 25 by adding Chapter 11 to address domestic relations proceedings involving potentially incapacitated persons.

• Courts may appoint a guardian ad litem to investigate and determine if an adult party in a domestic relations proceeding is incapacitated or needs guardianship or conservatorship.

• Guardian ad litem may initiate and prosecute guardianship or conservatorship proceedings under Arizona Revised Statutes Title 14, Chapter 5 if appropriate after investigation.

• Courts may order independent medical evaluations by licensed physicians to assess an adult party's capacity, upon request of the guardian ad litem or the court's own motion.

• Reasonable compensation for the guardian ad litem and evaluators is paid by the allegedly incapacitated person, marital community property funds, or the county if insufficient resources exist.