14-5101. Definitions
In this title, unless the context otherwise requires:
1. "Contact" includes in-person contact, written communication and all forms of electronic communications.
2. "Contact order" means an order allowing contact between a ward and a person with a significant relationship to the ward.
3. "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if, on petition and after a hearing, the judicial officer determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to section 14-5304.02.
4. "Inpatient psychiatric facility" means a hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services.
5. "Investigator" means a person who is appointed by the court under section 14-5308.
6. "Joint legal decision-making" has the same meaning prescribed in section 25-401.
7. "Legal decision-making" has the same meaning prescribed in section 25-401.
8. "Minor ward" means a minor for whom a guardian has been appointed solely because of minority.
9. "Parenting time" has the same meaning prescribed in section 25-401.
10. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17.
11. "Protected person" means a minor or any other person for whom a conservator has been appointed or any other protective order has been made.
12. "Protective proceeding" means a proceeding under section 14-5401 to determine that a person cannot effectively manage or apply his estate to necessary ends, either because he lacks the ability or is otherwise inconvenienced, or because he is a minor, and to secure administration of his estate by a conservator or other appropriate relief.
13. "Psychologist" means a person licensed pursuant to title 32, chapter 19.1.
14. "Registered nurse" has the same meaning as prescribed in section 32-1601.
15. "Significant relationship" means the person either is related to the ward by blood or marriage or is a close friend of the ward as established by a history of pattern and practice.
16. "Visitation" has the same meaning prescribed in section 25-401.
17. "Ward" means a person for whom a guardian has been appointed.
Notes of Decisions
Rasmussen by Mitchell v. Fleming, 741 P.2d 674 (Ariz. 1987).
· cites it 4× “. a person trained in law, nursing or social work and is an officer, employee or special appointee of the court designated as a court investigator with no personal interest in the proceedings.”
Golleher v. Horton, 715 P.2d 1225 (Ariz. Ct. App. 1985).
· cites it 2× “§ 12-502 (incapacity for purposes of tolling the statute of limitations for commencing a lawsuit)), and capacity for purposes of establishing a guardianship pursuant to A.R.S. § 14-5101. She has not directed us to authorities dealing specifically with competency required in…”
Matter of Guardianship of Reyes, 731 P.2d 130 (Ariz. Ct. App. 1986).
· cites it 2× “The argument that the definition of an “incapacitated person” in A.R.S. § 14-5101 as one who “lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person” is vague or overbroad is premised on the absence of precise standards to…”
Marshall v. Superior Court, Maricopa Cty., 641 P.2d 867 (Ariz. 1982).
· cites it 2× “The complaint, filed in March 1977, alleged that plaintiff was a protected person (as defined in A.R.S. § 14-5101(2), that she had been “mentally incapacitated” at all material times to the extent that she was unable to “understand and comprehend the consequences of her action,”…”
Harrelson v. Indus. Com'n of Arizona, 697 P.2d 1119 (Ariz. Ct. App. 1984).
· cites it 2× “This comports with the definition of “incapacitated person” at A.R.S. § 14-5101 which reads: [A]ny person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication or…”
Marika Delgado v. Manor Care of Tucson, Az, Llc,...william Amoureux, 378 P.3d 736 (Ariz. Ct. App. 2016).
“] § 14-5101,” A.R.S. § 46-451 (A)(9). Thus, although the language of the statute was changed, it does not appear that the amendment represented a substantive change in the scope of APSA, The court in McGill noted “our use of the term ‘incapacitated’ includes the statutory…”
Wood v. Coconino (Ariz. Ct. App. 2024).
· cites it 12× “She contends that A.R.S. §§ 14-5101(3), -5304, and -5304.02 (collectively, the “guardianship statutes”) violate due process because they (1) terminate a person’s right to vote upon establishment of a general guardianship without a determination of the person’s voting capacity…”
Matter of Guardianship of Kelly, 910 P.2d 665 (Ariz. Ct. App. 1996).
“section 14-5101(1) as any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or…”
Lange v. Self (Ariz. Ct. App. 2023).
· cites it 6× “¶9 After hearing all the testimony, the court found that James was an incapacitated person under A.R.S. § 14-5101 as of June 7, 2021. The court appointed J.”
— Ariz. Rev. Stat. § 14-5101(1) — 6 cases
Matter of Guardianship of Kelly, 910 P.2d 665 (Ariz. Ct. App. 1996).
“section 14-5101(1) as any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or…”
— Ariz. Rev. Stat. § 14-5101(15) — 1 case
— Ariz. Rev. Stat. § 14-5101(2) — 1 case
Marshall v. Superior Court, Maricopa Cty., 641 P.2d 867 (Ariz. 1982).
“The complaint, filed in March 1977, alleged that plaintiff was a protected person (as defined in A.R.S. § 14-5101(2), that she had been “mentally incapacitated” at all material times to the extent that she was unable to “understand and comprehend the consequences of her action,”…”
— Ariz. Rev. Stat. § 14-5101(3) — 2 cases
Wood v. Coconino (Ariz. Ct. App. 2024).
“She contends that A.R.S. §§ 14-5101(3), -5304, and -5304.02 (collectively, the “guardianship statutes”) violate due process because they (1) terminate a person’s right to vote upon establishment of a general guardianship without a determination of the person’s voting capacity…”
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