14-5401. Protective proceedings; fingerprinting

615 words·~3 min read·/az/title-14/14-5401

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

A. On petition and after notice and a hearing pursuant to this article, the court may appoint a conservator or make another protective order for cause as follows:

1. Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection that cannot otherwise be provided or has or may have affairs that may be jeopardized or prevented by minority or that funds are needed for the minor's support and education and that protection is necessary or desirable to obtain or provide funds.

2. Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court specifically finds by clear and convincing evidence on the record both of the following:

(a)The person is unable to manage the person's estate and affairs effectively for reasons such as mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance.

(b)The person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.

B. On petition and after notice and a hearing pursuant to this article, the court may continue a conservatorship or other protective order entered pursuant to subsection A, paragraph 1 of this section beyond the minor's eighteenth birthday if the court determines that the order is appropriate pursuant to subsection A, paragraph 2 of this section. The petition shall comply with the requirements of section 14-5404, subsection B and must be filed after the minor's seventeenth birthday and before termination of the conservatorship by court order.

C. The court may require each person who seeks appointment as a conservator 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.

D. Unless the alleged basis for the appointment of a conservator or entry of a protective order is that the person allegedly in need of protection is confined, detained by a foreign power or missing, the court shall not appoint a conservator or enter a protective order for a person under subsection A, paragraph 2 of this section unless the person allegedly in need of protection has appeared before the court either in person or by virtual means. If that person is unable or unwilling to appear in person or by virtual means, evidence of the person's inability or unwillingness to attend shall be presented to the court.

If the person does not wish to attend in person or by virtual means, a declaration signed by that person shall be filed with the court to prove the person's inability or unwillingness to attend. The court shall weigh the evidence, request additional evidence if necessary and document all evidence in the court record.