dementia patients; guardians
DPA |
Committee on Health |
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DP |
Committee on Judicary |
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DPA |
Caucus and COW |
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DP |
Third Read |
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X |
As Passed the House |
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HB 2110 allows the court to discharge an attorney appointed for an incapacitated person that may require ongoing psychiatric and psychological care and treatment. The bill stipulates the conditions under which a court-appointed attorney may be discharged.
A.R.S. § 14-5312.01 allows a guardian of an incapacitated person (ward) to consent to psychiatric and psychological care provided the treatment occurs outside of a level one behavioral health facility licensed by the Department of Health Services. Level one behavioral health facilities provide a structured treatment setting with twenty-four hour supervision and an intensive treatment program.
In instances where the ward needs to be placed into a level one behavioral health facility, the court may authorize a guardian to give consent for the ward to make the decision for the placement. The court shall ensure that a ward whose guardian has been granted mental health treatment authority is represented by an appointed attorney at all times the guardian has that authority.
Within forty-eight hours of placement of the ward into a level one behavioral health facility, the guardian shall give notice of the placement to the ward’s attorney. Upon receipt of the notice, the ward’s attorney shall assess the placement and advise the court of the appropriateness of the placement. Unless the court finds the ward has insufficient assets to meet the ward’s reasonable and necessary care and living expenses, the ward shall pay the attorney’s reasonable fees.
HB 2110 gives the court the discretion to discharge the court appointed attorney that oversees the guardianship placements. The bill provides the court the factors to be considered before a court may discharge the court appointed attorney.