Rule 17.1 - Appointment of a Guardian ad Litem for an Alleged Incapacitated Person or an Adult in Need of Protection(a)Appointment. Any party in a civil proceeding governed by the Rules of Civil Procedure may move for the appointment of a guardian ad litem (hereinafter referred to as a "GAL") for a party who might be incapacitated or in need of protection (hereinafter referred to as the "subject person"), including the attorney for the subject person. On such motion, or on its own initiative, the court may appoint a GAL for a party if the court finds reasonable cause to believe that the party is, or may be, an incapacitated person (as defined in Rule 17(a)(4)) or an adult in need of protection (as defined in Rule 17(a)(1)) and the party is or may be in need of a guardian or conservator, or both, or other protective order under Chapter 5 of Title 14 of the Arizona Revised Statutes. The court must notify the parties and the GAL of the appointment within 3 days.(b)GAL's Qualifications. A GAL appointed under this rule must be an attorney licensed to practice in Arizona. A GAL must not ever have represented any of the parties; must not be related to any party or to a party's attorney; and must have no personal interest in the civil proceeding.(c)Stay of Proceedings Upon Appointment. Unless the court orders otherwise, the court's appointment of a GAL under this rule automatically stays the civil proceeding, except that all previously issued orders remain in effect. This stay remains in effect until the court enters an order lifting the stay.(d)Role. The role of a GAL appointed under this rule is limited to investigating whether the subject person may be in need of a guardian, conservator, or other protective order under Title 14 of the Arizona Revised Statutes, and, if so, to initiate and prosecute proceedings under Chapter 5 of Title 14 of the Arizona Revised Statutes. The GAL does not represent the subject person in the civil proceeding and may not be called to testify in that proceeding or be asked to advise the subject person or the court on any pending issue in the civil proceeding except on whether the subject person may be in need of a guardian, conservator, or other protective order under Title 14 of the Arizona Revised Statutes.(e)Authority. The GAL may:(1) communicate with, and obtain and review records from, any person or entity who has knowledge or information relevant to whether the subject person is in need of a guardian, a conservator, or other protective order under Title 14 of the Arizona Revised Statutes. This power to obtain records includes access to all medical, substance abuse, psychiatric, psychological, and counseling records of the subject person, including records that are otherwise privileged or confidential;(2) meet with the subject person at any location where that person may be located and meet and interview other individuals living in the same household as the subject person or, if the subject person is at a care facility, treatment agency, or hospital, the persons in charge of providing treatment to, or care for, the subject person;(3) obtain and review court records in any case, including a court-ordered mental health care and treatment case, filed in any court, concerning the subject person;(4) obtain and review financial records, including records of the subject person that are otherwise privileged or confidential;(5) consult with any person who may be entitled to initiate, or has initiated, guardianship, conservatorship, or other protective proceedings under Chapter 5 of Title 14 of the Arizona Revised Statutes, and investigate and review the background of any person who is interested in becoming the guardian or conservator, including but not limited to the person's criminal arrests and convictions and credit history;(6) initiate and prosecute proceedings under Chapter 5 of Title 14 of the Arizona Revised Statutes; andAriz. Civ. P. Sup. Ct. 17.1
Adopted Aug. 29, 2022, effective 1/1/2023.