Rule 32 - Guardians ad Litem and Statutory Representatives(a)Definitions. (1) Guardian ad litem" means a person appointed under A.R.S. § 14-1408.(2) Statutory representative" means a person appointed under A.R.S. § 14-10302.(b)Generally. The court may appoint a guardian ad litem or statutory representative as follows. (1)Guardian ad litem. In any proceeding brought under title 14, the court may appoint a guardian ad litem as authorized by A.R.S. § 14-1408.(2)Statutory representative. In a trust proceeding brought under chapter 11 of title 14, the court may appoint a statutory representative for a trust beneficiary as authorized by A.R.S. § 14-10302. The court's authority to appoint a statutory representative in a trust proceeding is in addition to its authority to appoint a guardian ad litem.(c)How Requested. If a party requests the appointment of a guardian ad litem or a statutory representative, the party must file a verified petition that states with specificity the following: (1) whether the person for whom the guardian ad litem or the statutory representative is requested is a minor, an incapacitated person, an unborn or unascertained person, or a person whose identity or location is unknown; and(2) why that person's interest is not represented or why otherwise available representation is inadequate.(d)Notice of Hearing. The petitioner must give notice of the hearing to all interested persons as set forth in A.R.S. § 14-1401. In addition: (1)Minor. If the petitioner requests appointment of a guardian ad litem or a statutory representative for a minor, the petitioner must give notice as set forth in A.R.S. § 14-5207(A).(2)Incapacitated Person. If the petitioner requests appointment of a guardian ad litem or a statutory representative for an alleged incapacitated person, the petitioner must give notice as set forth in A.R.S. § 14-5309.(3)Person Whose Identity or Location is Unknown. If the petitioner requests appointment of a guardian ad litem or a statutory representative for a person whose identity or location is unknown, the petitioner must give notice as set forth in A.R.S.§ 14-1401(A)(3).(e)Appointment of Guardian ad Litem for Subject Person of Adult Guardianship or Protective Proceeding. The court must not appoint a guardian ad litem for the subject person of an adult guardianship or protective proceeding unless the court, after notice and hearing, has found that the subject person is an incapacitated person as defined in A.R.S. § 14-5101 or is a person in need of protection under § 14-5401(A)(2).(f)Order.(1)Required Provisions. An order appointing a guardian ad litem or a statutory representative must state: (A) the basis for the appointment; (B) the appointment's scope and duration;(C) that the guardian ad litem or the statutory representative represents the person's interest, not the person; and(D) any applicable terms of compensation.(2)Additional Provisions. An order appointing a guardian ad litem or a statutory representative may grant immediate access to the person for whom the guardian ad litem or the statutory representative has been appointed and to medical and financial records pertaining to such person, including records and information that are otherwise privileged or confidential.(g)Participation in Court Proceedings. A guardian ad litem and a statutory representative are parties to the probate case in which they are appointed and have the same rights and responsibilities of any other party. Amended Aug. 29, 2019, effective 1/1/2020; amended Dec. 08, 2021, effective 1/1/2022.COMMENT TO THE 2021 AMENDMENT
When Arizona adopted the Uniform Trust Code in 2009, the position formerly known as "guardian ad litem" was replaced by that of statutory "representative." See A.R.S. § 14-1408(A) (2009); Unif. Trust Code § 305 cmt. Thus, the 2020 Amendments to the Probate Rules likewise replaced "guardian ad litem" with "statutory representative." Laws 2021 Chapter 248 (SB1390) restored the position of "guardian ad litem" to all proceedings brought under Title 14 and limited the position of "representative" to only trust proceedings. Compare A.R.S. § 14-1408 with A.R.S. § 14-10302. The official Comment to Uniform Trust Code section 305, from which A.R.S. § 14-1408 is derived, explains that the powers of a representative may be broader than the powers of a guardian ad litem. For example, while the duration of a guardian ad litem's appointment can be no longer than the case in which the guardian ad litem was appointed, the duration of a statutory representative's appointment can extend beyond the case in which the statutory representative is appointed.