Arizona Laws 14-5213. Prospective guardian’s blindness; burden of proof; specific written findings; definitions
A. A court may not refuse to appoint an individual as guardian of a minor based on the individual’s blindness if the appointment is determined to be otherwise in the best interests of the minor.
Terms Used In Arizona Laws 14-5213
- Allegation: something that someone says happened.
- Court: means the superior court. See Arizona Laws 14-1201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely a guardian ad litem. See Arizona Laws 14-1201
- Minor: means a person who is under eighteen years of age. See Arizona Laws 14-1201
- State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101
B. If an individual’s blindness is alleged to have a detrimental impact on a minor, the party who raises the allegation has the burden of proving by clear and convincing evidence that the individual’s behavior endangers or is likely to endanger the health, safety or welfare of the minor.
C. If the court denies or limits the blind individual’s appointment as guardian, the court shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. "Blindness" means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.