ARIZONA STATE SENATE
Phoenix, Arizona
dementia patients; guardians
Allows a court to discharge
an incapacitated person’s court-appointed attorney if, after considering
certain facts, the court determines representation is no longer necessary.
A.R.S. §14-5312.01 allows a
court, based on clear and convincing evidence that is supported by a psychiatrist or a psychologist, to authorize the
guardian of an incapacitated person to consent to inpatient mental health care
and treatment for the ward. This
statute also requires the guardian to notify the ward’s attorney of a placement
for inpatient mental health care and treatment within 48 hours of the
placement. The attorney must assess the
appropriateness of the placement and may request a court to hold a hearing on
the appropriateness of the placement.
In addition, statute authorizes the attorney to attend the ward’s
evaluation, staffing, treatment team and case management meetings.
For continued authority to
consent to inpatient mental health care and treatment, a guardian is required
to include an evaluation report by a psychiatrist or a psychologist with the
annual guardianship report that is filed with the court. If the annual report supports the continued
authority of the guardian to consent to inpatient mental health care and
treatment, the attorney must review the report with the incapacitated person
and may request a hearing to contest this continued authority. H.B. 2110 attempts to reduce the required
ongoing review by the ward’s attorney by authorizing a court to discharge an
incapacitated person’s court-appointed attorney if, after considering certain
facts, the court determines representation is no longer necessary or desirable.
There are no costs to the
state general fund associated with this measure.
1. Authorizes a court to discharge the court-appointed attorney of an incapacitated person if, after considering certain facts, the court determines representation is no longer necessary or desirable.
2. Requires the court to consider, at a minimum, the following facts:
(a)
The
nature and history of the incapacitated person’s illness.
(b)
The
incapacitated person’s hospitalization history.
(c)
The
incapacitated person’s current and future living locations.
(d)
Whether
the incapacitated person’s inpatient treatment is expected to be a
single-instance hospitalization.
(e)
Whether
the incapacitated person’s current and future living arrangements are the least
restrictive.
3. Makes technical changes.
4. Provides for a general effective date.
HEA 1/28/02 DPA 10-0-0-0
JUD 2/5/02 DP 10-0-0-0
3rd Read 3/21/02 54-0-6-0
Prepared by Senate Staff
March 28, 2002