Arizona Laws 14-5414. Compensation and expenses; definitions
A. If not otherwise compensated for services rendered, any investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed in a protective proceeding, including a lawyer of the person alleged to be in need of protection pursuant to section 14-5407, subsection B, is entitled to reasonable compensation from the estate of the protected person if the petition is granted or from the petitioner if the petition is denied.
Terms Used In Arizona Laws 14-5414
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Child: includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. See Arizona Laws 14-1201
- Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Arizona Laws 14-1201
- Court: means the superior court. See Arizona Laws 14-1201
- Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. 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
- Guardian ad litem: includes a person who is appointed pursuant to section 14-1408. See Arizona Laws 14-1201
- Incapacitated: means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause. See Arizona Laws 14-9101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Investigator: means a person who is appointed by the court under section 14-5308. See Arizona Laws 14-5101
- Minor: means a person who is under eighteen years of age. See Arizona Laws 14-1201
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Petition: means a written request to the court for an order after notice. See Arizona Laws 14-1201
- Physician: means a person licensed pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 14-5101
- Probate: Proving a will
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Protected person: means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. See Arizona Laws 14-5101
- Psychologist: means a person licensed pursuant to Title 32, Chapter 19. See Arizona Laws 14-5101
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner’s failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed pursuant to this article, including a lawyer of the person alleged to be in need of protection pursuant to section 14-5407, subsection B, be paid either from the protected person’s estate or by the petitioner, depending on the facts and circumstances. In making these determinations, the court may consider any evidence it deems appropriate.
C. A lawyer who is employed by the conservator to represent the conservator in the conservator’s appointment or duties as conservator is entitled to reasonable compensation from the estate if the petition is granted. If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner’s failure to prosecute, the court may order that the compensation of the proposed conservator’s lawyer be paid either from the protected person’s estate or by the petitioner, depending on the facts and circumstances. In determining which party shall pay, the court may consider any evidence it deems appropriate.
D. A lawyer who is employed by the petitioner to represent the petitioner in seeking the appointment of a conservator is entitled to reasonable compensation from the protected person’s estate if the petition is granted.
E. If the court pays for any of these services it may charge the estate for reasonable compensation. The clerk shall deposit monies it collects in the probate fund pursuant to section 14-5433.
F. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.
G. Compensation payable to the department of veterans’ services, when acting as a conservator of the estate of a veteran or a veteran’s surviving spouse or minor child or the incapacitated spouse of a protected veteran, shall not be more than five percent of the amount of monies received during the period covered by the conservatorship. A copy of the petition and notice of hearing shall be given to the proper officer of the United States department of veterans affairs in the manner provided in the case of any hearing on a guardian‘s account or any other pleading. A commission or compensation is not allowed on the monies or other assets received from a prior conservator or on the amount received from liquidation of loans or other investments.
H. For the purposes of this section:
1. "Conservator" includes a conservator, temporary conservator or special conservator.
2. "Petition" means a petition filed pursuant to Section 14-5401.01, subsection A or section 14-5404, subsection A.
3. "Protected person" includes a person who is alleged to be in need of protection.