14-5301.01. Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation

449 words·~2 min read·/az/title-14/14-5301-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.