Arizona § 14-5308 - Court appointed investigators; qualifications; duties

§ 14-5308. Court appointed investigators; qualifications; duties

A. An investigator appointed by the court under sections 14-5303 and 14-5407 shall have a background in law, nursing or social work and shall have no personal interest in the proceedings.

B. The investigator shall conduct an investigation before the court appoints a guardian or a conservator to allow the court to determine the appropriateness of that appointment. As directed by the court, the investigator shall conduct additional investigations to determine if it is necessary to continue the appointment.

C. In conducting investigations the investigator shall:

1. Interview the alleged incapacitated person or the protected person and the proposed guardian or conservator.

2. Visit the alleged incapacitated person's or the protected person's current or proposed place of residence.

3. Interview nursing home or care home care givers and the home's manager or administrator.

4. Transport the alleged incapacitated person or the protected person as directed by the court.

D. In conducting interviews under this section the investigator may examine any court record, medical record or financial record that relates to the investigation.

E. As a condition of appointment as an investigator the court shall require the applicant to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation to determine the applicant's suitability. The court shall submit the completed fingerprint card to the department of public safety. The department shall provide the applicant's criminal history record information to the court pursuant to section 41-1750. The department of public safety shall conduct criminal history records checks pursuant to section 41-1750 and applicable federal law.  The department of public safety is authorized to submit fingerprint card information to the federal bureau of investigation for a national criminal history records check.

F. An investigator appointed by the court pursuant to sections 14-5303 and 14-5407, and any person or entity closely related to the investigator, shall not be appointed as a fiduciary, attorney or professional in the same case or for the same person who was the subject of the prior investigation unless otherwise ordered by the court for good cause. For the purposes of this subsection, "closely related" includes a spouse, child, parent, sibling, grandparent, aunt, uncle or cousin of the investigator and any business, partnership, corporation, limited liability company, trust or other entity that the investigator or a closely related person has a financial interest in, is employed by or receives compensation or financial benefit from.