Statues and Regulations

Arizona Revised Statutes

Title 36 - Public Health And Safety

Chapter 32 LIVING WILLS AND HEALTH CARE DIRECTIVES

Article 1 General Provisions

36-3201 Definitions
36-3202 Revocation of health care directive; disqualification of surrogate
36-3203 Surrogate; authority; responsibilities; immunity
36-3204 Responsibilities of health care providers
36-3205 Health care providers; immunity from liability; conditions
36-3206 Enforcement or challenge of a directive or decision; judicial proceedings; automatic stays
36-3207 Health care directives; effect on insurance and medical coverage
36-3208 Prior and out of state health care directives; validity
36-3209 Health care directives; conflicts
36-3210 Suicide; mercy killing

Article 2 Health Care Power of Attorney

36-3221 Health care power of attorney; scope; requirements; limitations; fiduciaries
36-3222 Health care power of attorney; amendments
36-3223 Agents; powers and duties; removal; responsibility; fiduciaries
36-3224 Sample health care power of attorney

Article 3 Surrogate Decision Makers

36-3231 Surrogate decision makers; priorities; limitations

Article 4 Prehospital Medical Care Directives

36-3251 Prehospital medical care directives; form; effect; definition

Article 5 Living Will

36-3261 Living will; verification; liability
36-3262 Sample living will

Article 6 Mental Health Care Power of Attorney

36-3281 Mental health care power of attorney; scope; definition
36-3282 Execution requirements
36-3283 Powers and duties of an agent
36-3284 Operation of mental health care power of attorney; admission for evaluation and treatment by agent; duties of physician or mental health care provider
36-3285 Revocation; disqualification of agent
36-3286 Sample mental health care power of attorney
36-3287 Surrogate; mental health care power of attorney

Article 7 Health Care Directives Registry

36-3291 Health care directives registry; website
36-3292 Filing requirements
36-3293 Effect of nonregistration or revocation
36-3294 Registration; purge of registered documents
36-3295 Registry information; confidentiality; transfer of information
36-3296 Liability; limitation
36-3297 Health care directives registry fund

Title 14 - Trusts, Estates and Protective Proceedings

Chapter 3 PROBATE OF WILLS AND ADMINISTRATION

Article 1 General Provisions

14-3101 Devolution of estate at death; administration on deaths of husband and wife
14-3102 Necessity of statement or order of probate for will; exception
14-3103 Necessity of appointment for administration
14-3104 Claims against decedent; necessity of administration
14-3105 Proceedings affecting devolution and administration; jurisdiction of subject matter
14-3107 Scope of proceedings; proceedings independent; exception
14-3108 Probate, testacy and appointment proceedings; ultimate time limit
14-3109 Statutes of limitation on decedent's cause of action
14-3110 Action by or against personal representative; survival of causes of action

Article 2 Venue for Probate and Administration; Priority to Administer; Demand for Notice

14-3201 Venue for first and subsequent estate proceedings; location of property
14-3202 Appointment or testacy proceedings; conflicting claim of domicile in another state
14-3203 Priority among persons seeking appointment as personal representative
14-3204 Demand for notice of order or filing concerning decedent's estate

Article 3 Informal Probate and Appointment Proceedings

14-3301 Informal probate or appointment proceedings; application; contents
14-3302 Informal probate; duty of registrar; effect of informal probate
14-3303 Informal probate; proof and findings required
14-3304 Informal probate; unavailable in certain cases
14-3305 Informal probate; registrar not satisfied
14-3306 Informal probate; notice requirements
14-3307 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment
14-3308 Informal appointment proceedings; proof and findings required
14-3309 Informal appointment proceedings; registrar not satisfied
14-3310 Informal appointment proceedings; notice requirements
14-3311 Informal appointment unavailable in certain cases

Article 4 Formal Testacy and Appointment Proceedings

14-3401 Formal testacy proceedings; nature; when commenced
14-3402 Formal testacy or appointment proceedings; petition; contents
14-3403 Formal testacy proceeding; notice of hearing on petition
14-3404 Formal testacy proceedings; written objections to probate
14-3405 Formal testacy proceedings; uncontested cases; hearings and proof
14-3406 Formal testacy proceedings; contested cases; testimony of attesting witnesses
14-3407 Formal testacy proceedings; burdens in contested cases
14-3408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction
14-3409 Formal testacy proceedings; order; foreign will
14-3410 Formal testacy proceedings; probate of more than one instrument
14-3411 Formal testacy proceedings; partial intestacy
14-3412 Formal testacy proceedings; effect of order; vacation
14-3413 Formal testacy proceedings; vacation of order for other cause
14-3414 Formal proceedings concerning appointment of personal representative
14-3415 Lost and missing wills; wills probated in other jurisdictions

Article 5 Supervised Administration

14-3501 Supervised administration; nature of proceeding
14-3502 Supervised administration; petition; order
14-3503 Supervised administration; effect on other proceedings
14-3504 Supervised administration; powers of personal representative
14-3505 Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing

Article 6 Personal Representative; Appointment, Control and Termination of Authority

14-3601 Qualification
14-3602 Acceptance of appointment; consent to jurisdiction
14-3603 Bond required; exceptions
14-3604 Bond amount; security; procedure; reduction
14-3606 Terms and conditions of bonds
14-3607 Order restraining personal representative
14-3608 Termination of appointment; general
14-3609 Termination of appointment; death or disability
14-3610 Termination of appointment; voluntary
14-3611 Termination of appointment by removal; cause; procedure
14-3612 Termination of appointment; change of testacy status
14-3613 Successor personal representative
14-3614 Special administrator; appointment
14-3615 Special administrator; who may be appointed
14-3616 Special administrator; appointed informally; powers and duties
14-3617 Special administrator; formal proceedings; power and duties
14-3618 Termination of appointment; special administrator

Article 7 Duties and Powers of Personal Representatives

14-3701 Time of accrual of duties and powers
14-3702 Priority among different letters
14-3703 General duties; relation and liability to persons interested in estate; standing to sue
14-3704 Personal representative to proceed without court order; exception
14-3705 Duty of personal representative; information to heirs and devisees
14-3706 Duty of personal representative; inventory and appraisement
14-3707 Employment of appraisers
14-3708 Duty of personal representative; supplementary inventory
14-3709 Duty of personal representative; possession of estate; discovery of concealed assets
14-3710 Power to avoid transfers; action to set aside fraudulent conveyances
14-3711 Powers of personal representatives; in general
14-3712 Improper exercise of power; breach of fiduciary duty
14-3713 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
14-3714 Persons dealing with personal representative; protection
14-3715 Transactions authorized for personal representatives; exceptions
14-3716 Powers and duties of successor personal representative
14-3717 Co‑representatives; when joint action required
14-3718 Powers of surviving personal representative
14-3719 Compensation of personal representative
14-3720 Expenses in estate litigation
14-3721 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate
14-3722 Compensation of appointees

Article 8 Creditors' Claims

14-3801 Notice to creditors
14-3802 Statute of limitations
14-3803 Limitations on presentation of claims
14-3804 Manner of presentation of claims
14-3805 Priority of claims
14-3806 Allowance of claims
14-3807 Payment of claims
14-3808 Individual liability of personal representative
14-3809 Secured claims
14-3810 Claims not due and contingent or unliquidated claims
14-3811 Counterclaims
14-3812 Execution and levies prohibited
14-3813 Compromise of claims
14-3814 Encumbered assets
14-3815 Administration in more than one state; duty of personal representative
14-3816 Final distribution to domiciliary representative

Article 9 Special Provisions Relating to Distribution

14-3901 Successors' rights if no administration
14-3902 Distribution; order in which assets appropriated; abatement
14-3903 Right of retainer
14-3904 Interest on general pecuniary devise
14-3906 Distribution in kind; valuation; method
14-3907 Distribution in kind; evidence
14-3908 Distribution; right or title of distributee
14-3909 Improper distribution; liability of distributee
14-3910 Purchasers from distributees or transferees protected
14-3911 Partition for purpose of distribution
14-3912 Private agreements among successors to decedent binding on personal representative
14-3913 Distributions to trustee
14-3914 Disposition of unclaimed assets
14-3915 Distribution to person under disability
14-3916 Community property

Article 10 Closing Estates

14-3931 Formal proceedings terminating administration; testate or intestate; order of general protection
14-3932 Formal proceedings terminating testate administration; order construing will without adjudicating testacy
14-3933 Closing estates; statement of personal representative
14-3934 Liability of distributees to claimants
14-3935 Limitations on proceedings against personal representative
14-3936 Limitations on actions and proceedings against distributees
14-3937 Certificate discharging liens securing fiduciary performance
14-3938 Subsequent administration

Article 11 Compromise of Controversies

14-3951 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons
14-3952 Procedure for securing court approval of compromise

Article 12 Transfer of Title to Small Estates by Affidavit and Summary Administration Procedure

14-3971 Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property
14-3972 Effect of affidavit
14-3973 Small estates; summary administrative procedure
14-3974 Small estates; closing by sworn statement of personal representative

Chapter 5 PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

Article 1 General Provisions

14-5101 Definitions
14-5102 Jurisdiction of subject matter; consolidation of proceedings
14-5103 Facility of payment or delivery
14-5104 Delegation of powers by parent or guardian
14-5105 Bond of guardian
14-5106 Disclosure requirements for proposed guardians and conservators; restrictions by local rules
14-5107 Military member power of attorney; definition
14-5108 Guardianship of foreign citizens
14-5109 Disclosure of compensation; determining reasonableness and necessity
14-5110 Claim deadline for compensation; definitions

Article 2 Guardians of Minors

14-5201 Status of guardian of minor; general
14-5202 Testamentary appointment of guardian of minor
14-5203 Objection by minor of fourteen or older to testamentary appointment
14-5204 Court appointment of guardian of minor; conditions for appointment
14-5205 Court appointment of guardian of minor; venue
14-5206 Court appointment of guardian of minor; qualifications; priority of minor's nominee; fingerprints
14-5207 Formal appointment of guardian of minor; procedure
14-5208 Consent to service by acceptance of appointment; notice
14-5209 Powers and duties of guardian of minor
14-5210 Termination of appointment of guardian; general
14-5211 Proceedings subsequent to appointment; venue
14-5212 Resignation or removal proceedings

Article 3 Guardians of Incapacitated Persons

14-5301 Appointment of guardian by will or other writing; objections; notice
14-5301.01 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation
14-5301.02 Appointment and status of guardian
14-5301.03 Judicial appointment of guardian; special provision for incapacitated minors approaching adulthood
14-5301.04 Judicial appointment of conservator or protective order; special provision for incapacitated minors approaching adulthood
14-5302 Venue
14-5303 Procedure for court appointment of a guardian of an alleged incapacitated person
14-5304 Findings; order of appointment; limitations; filing
14-5304.01 Effect of appointment of guardian on privilege to operate a motor vehicle
14-5304.02 Limited guardianship; voting
14-5305 Acceptance of appointment; consent to jurisdiction
14-5306 Termination of guardianship for incapacitated person
14-5307 Substitution or resignation of guardian; termination of incapacity
14-5308 Court appointed investigators; qualifications; duties
14-5309 Notices in guardianship proceedings
14-5310 Temporary guardians; appointment; notice; court appointed attorney hearings; duties
14-5310.01 Adult protective services workers; special visitation warrants
14-5311 Who may be guardian; priorities
14-5312 General powers and duties of guardian
14-5312.01 Inpatient treatment; rights and duties of ward and guardian
14-5312.02 Admission for evaluation or treatment by guardian; duties of physician or mental health care provider
14-5313 Proceedings subsequent to appointment; venue
14-5314 Compensation of appointees; definitions
14-5315 Guardian reports; contents

Article 4 Protection of Property of Persons Under Disability and Minors

14-5401 Protective proceedings
14-5401.01 Temporary conservators; appointment; notice; hearings
14-5402 Protective proceedings; jurisdiction of affairs of protected persons
14-5403 Venue
14-5404 Original petition for appointment or protective order
14-5405 Notice in conservatorship proceedings
14-5406 Protective proceedings; request for notice; interested person
14-5407 Procedure concerning hearing and order on original petition
14-5408 Permissible court orders
14-5409 Protective arrangements and single transactions authorized
14-5410 Who may be appointed conservator; priorities
14-5411 Bond; exception
14-5412 Terms and requirements of bonds
14-5413 Acceptance of appointment; consent to jurisdiction
14-5414 Compensation and expenses; definitions
14-5414.01 State veterans' conservatorship fund
14-5415 Resignation or substitution of conservator
14-5416 Petitions for orders subsequent to appointment
14-5417 General duty of conservator
14-5418 Inventory and records
14-5419 Accounts; definition
14-5420 Conservators; title by appointment
14-5421 Recording of conservator's letters
14-5422 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
14-5423 Persons dealing with conservators; protection
14-5424 Powers of conservator in administration
14-5425 Distributive duties and powers of conservator
14-5426 Enlargement or limitation of powers of conservator
14-5427 Preservation of estate plan
14-5428 Claims against protected person; enforcement
14-5429 Personal liability of conservator
14-5430 Termination of proceeding
14-5431 Payment of debt and delivery of property to foreign conservator without local proceedings
14-5432 Domiciliary foreign conservator; powers of local conservator
14-5433 Probate fund; use

Article 5 Powers of Attorney

14-5501 Durable power of attorney; creation; validity
14-5502 Effect of lapse of time, disability or incapacity
14-5503 Relation of agent to court appointed fiduciary
14-5504 Revocation; termination; effect; notice
14-5505 Continuance of durable powers of attorney by affidavit
14-5506 Powers of attorney; intimidation; deception; definitions
14-5507 Applicability of article

Article 6 Public Fiduciary

14-5601 Establishment of office of public fiduciary; appointments; costs
14-5602 Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition
14-5603 Deposit of funds; investment plan
14-5604 Claim against estate for expenses
14-5605 Letter testamentary or of administration not required; statement to be filed; powers and duties
14-5606 Additional powers and duties of the public fiduciary

Article 7 Fiduciaries

14-5651 Fiduciaries; licensure; qualifications; conduct; removal; exemption; definitions
14-5652 Attorneys; fiduciary duties

Article 8 Fiduciary Arrest Warrants

14-5701 Fiduciary arrest warrants
14-5702 Time and manner of execution; information
14-5703 Procedure after arrest; payment for release from custody
14-5704 Entry into criminal information system

Title 46 - Welfare

Chapter 4 ADULT PROTECTIVE SERVICES

Article 1 General Provisions

46-451 Definitions; program goals
46-452 Protective services worker; powers and duties
46-452.01 Office of state long-term care ombudsman
46-452.02 Long-term care ombudsman; duties; immunity from liability
46-453 Immunity of participants; nonprivileged communication
46-454 Duty to report abuse, neglect and exploitation of vulnerable adults; duty to make medical records available; violation; classification
46-455 Permitting life or health of a vulnerable adult to be endangered by neglect; violation; classification; civil remedy; definition
46-456 Duty to a vulnerable adult; financial exploitation; civil penalties; exceptions; definitions
46-457 Elder abuse central registry; mandatory reporting; release of information
46-458 Hearing process; definitions
46-459 Adult protective services registry