14-5309. Notices in guardianship proceedings; damages
320 words·~1 min read·
/az/title-14/14-5309A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.