SB 1291 — guardianship; conservatorship; policies; procedures

2.

"Application" means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title.

3.

"Basis for compensation" means an hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs.

4.

"Beneficiary", as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and includes the owner of an interest by assignment or other transfer.

As it relates to a charitable trust, beneficiary includes any person entitled to enforce the trust.

As it relates to a beneficiary of a beneficiary designation, beneficiary refers to a beneficiary of an insurance or annuity policy, an account with pay on death designation, a security - 1 - S.B.

1291 registered in beneficiary form or a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death.

As it relates to a beneficiary designated in a governing instrument, beneficiary includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee or taker in default of a power of appointment and a person in whose favor a power of attorney or a power held in any person, fiduciary or representative capacity is exercised.

5.

"Beneficiary designation" refers to a governing instrument naming a beneficiary of an insurance or annuity policy, of an account with pay on death designation, of a security registered in beneficiary form or of a pension, profit sharing, retirement or similar benefit plan, or any other nonprobate transfer at death.

6.

"Certified paper original" means a tangible medium that contains both the text of an electronic will and any self-proving affidavit concerning the electronic will and that is accompanied by an affidavit that is executed pursuant to section 14-2523.

7.

"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.

Child excludes a person who is only a stepchild, a foster child, a grandchild or a more remote descendant.

8.

"Claims", in respect to estates of decedents and protected persons, includes liabilities of the decedent or the protected person, whether arising in contract, in tort or otherwise, and liabilities of the estate that arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration.

Claims do not include estate or inheritance taxes or demands or disputes regarding title of a decedent or a protected person to specific assets alleged to be included in the estate.

9.

"Community property" means that property of a husband and wife that is acquired during the marriage and that is community property as prescribed in section 25-211.

10.

"Conservator" means a person who is appointed by a court to manage the estate of a protected person.

11.

"Court" means the superior court.

12.

"Dependent child" means a minor child whom the decedent was obligated to support or an adult child who was in fact being supported by the decedent at the time of the decedent's death.

13.

"Descendant" means all of the decedent's descendants of all generations, with the relationship of parent and child at each generation.

14.

"Devise", when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will.

- 2 - S.B.

1291 15.

"Devisee" means a person designated in a will to receive a devise.

For the purposes of chapter 3 of this title, in the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.

16.

"Disability" means cause for a protective order as described in section 14-5401.

17.

"Distributee" means any person who has received property of a decedent from that person's personal representative other than as a creditor or purchaser.

Distributee includes a testamentary trustee only to the extent of distributed assets or increment that remains in that person's hands.

A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative.

For the purposes of this paragraph, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets.

18.

"Electronic" means having electrical, digital, magnetic, optical, electromagnetic or similar capabilities.

19.

"Electronic record" means a record that is created, generated, sent, communicated, received or stored by electronic means.

20.

"Electronic signature" means an electronic method or process that does both of the following:

(a) Is attached to or logically associated with an electronic record and that is executed or adopted by a person with the intent to sign the electronic record.

(b) Uses a security procedure that allows a determination that the electronic signature was all of the following:

(i) Unique to the person using it.

(ii) Capable of verification.

(iii) Under the sole control of the person making the electronic signature.

(iv) Linked to the electronic record to which the electronic signature relates in a manner so that if the electronic record is changed the electronic signature is invalidated.

21.

"Electronic will" means a testamentary instrument that is executed and maintained on an electronic medium and that is executed in compliance with section 14-2518.

22.

"Electronically present" means two or more individuals who are in a different physical location and who are communicating by means of technology that enables all individuals to see and hear each other in real time to the same extent as if the individuals were physically present in the same location.

23.

"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.

As it relates - 3 - S.B.

1291 to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title.

24.

"Exempt property" means that property of a decedent's estate that is described in section 14-2403.

25.

"Fiduciary" includes a personal representative, guardian, conservator and trustee.

26.

"Foreign personal representative" means a personal representative who is appointed by another jurisdiction.

27.

"Formal proceedings" means proceedings that are conducted before a judge with notice to interested persons.

28.

"Governing instrument" means a deed, will, trust, insurance or annuity policy, account with pay on death designation, security registered in beneficiary form, pension, profit sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney OR SUPPORTED DECISION-MAKING AGREEMENT or a dispositive, appointive or nominative instrument of any similar type.

29.

"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.

30.

"Guardian ad litem" includes a person who is appointed pursuant to section 14-1408.

31.

"Heirs", except as controlled by section 14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent.

32.

"Incapacitated person" has the same meaning prescribed in section 14-5101.

33.

"Informal proceedings" means those proceedings conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative.

34.

"Interested person" includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person.

Interested person also includes a person who has priority for appointment as personal representative and other fiduciaries representing interested persons.

Interested person, as the term relates to particular persons, may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

35.

"Issue" of a person means descendant as defined in this section.

36.

"Joint tenants with the right of survivorship" and "community property with the right of survivorship" includes co-owners of property held under circumstances that entitle one or more to the whole of the - 4 - S.B.

1291 property on the death of the other or others but excludes forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution.

37.

"Lease" includes any oil, gas or other mineral lease.

38.

"Letters" includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship.

39.

"Minor" means a person who is under eighteen years of age.

40.

"Mortgage" means any conveyance, agreement or arrangement in which property is encumbered or used as security.

Mortgage does not include leases or easements.

41.

"Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of the decedent's death.

42.

"Organization" means a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency or any other legal or commercial entity.

43.

"Original will" means either an original paper will or a certified paper original of an electronic will.

44.

"Paper will" means a testamentary instrument that is executed and maintained on a tangible medium and that is executed in compliance with section 14-2502 or 14-2503.

45.

"Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent.

46.

"Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision or any other person who is authorized or obligated by law or a governing instrument to make payments.

47.

"Person" means an individual or an organization.

48.

"Personal representative" includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.

A general personal representative excludes a special administrator.

49.

"Petition" means a written request to the court for an order after notice.

50.

"Proceeding" includes action at law and suit in equity.

51.

"Property" has the same meaning prescribed in section 14-10103.

52.

"Protected person" has the same meaning prescribed in section 14-5101.

53.

"Protective proceeding" has the same meaning prescribed in section 14-5101.

54.

"Qualified custodian" means a person who fulfills the requirements of section 14-2520.

- 5 - S.B.

1291 55.

"Registrar" means the official of the court who is designated to perform the functions of registrar as provided in section 14-1307.

56.

"Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under that title or lease, collateral trust certificate, transferable share or voting trust certificate and, in general, includes any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of these securities.

57.

"Separate property" means that property of a husband or wife that is the spouse's separate property as defined in section 25-213.

58.

"Settlement", in reference to a decedent's estate, includes the full process of administration, distribution and closing.

59.

"Special administrator" means a personal representative as described by sections 14-3614 through 14-3618.

60.

"State" has the same meaning prescribed in section 14-10103.

61.

"Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative.

62.

"Successors" means persons, other than creditors, who are entitled to property of a decedent under a will or this title.

63.

"Supervised administration" refers to the proceedings described in chapter 3, article 5 of this title.

64.

"Survive" means that a person has neither predeceased an event, including the death of another person, nor is deemed to have predeceased an event under section 14-2104 or 14-2702.

65.

"Tangible medium" means a medium on which information may be inscribed by writing, typing, printing or similar means and that is perceivable by reading directly from the medium on which the information is inscribed.

66.

"Testacy proceeding" means a proceeding to establish a will or determine intestacy.

67.

"Testator" includes a person of either sex.

68.

"Trust" includes an express trust, private or charitable, with any additions, wherever and however created.

Trust also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust.

Trust excludes other constructive trusts and excludes resulting trusts, conservatorship, personal representatives, trust accounts, custodial arrangements pursuant to chapter 7, article 7 of this title, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, - 6 - S.B.

1291 profits, pensions or employee benefits of any kind, trusts created by a city or town for the payment of medical insurance, health care benefits or expenses, long-term or short-term disability, self insurance reserves and similar programs administered by a city or town, legal defense trusts and any arrangement under which a person is nominee or escrowee for another.

69.

"Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by the court.

70.

"Ward" has the same meaning prescribed in section 14-5101.

71.

"Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

A will may be a paper will or an electronic will.

Sec.

3.

Section 14-1306, Arizona Revised Statutes, is amended to read:

14-1306.

Jury trial A.

If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.

B.

If there is no right to trial by jury under subsection A OF THIS SECTION or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.

Sec.

4.

method and time of givinggiving; A.

damage A.

By mailing a copy thereof OF THE NOTICE at least fourteen days before the time set for the hearing by certified, OR registered or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known.

By delivering a copy thereof OF THE NOTICE to the person being notified personally at least fourteen days before the time set for the hearing.

If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, or when otherwise required under this title, by publishing at least three times prior to BEFORE the date set for the hearing a copy thereof OF THE NOTICE in a newspaper having general circulation in the county where the hearing is to be held, the first publication of which is to be at least fourteen days before the hearing.

B.- 7 - S.B.

1291 B.

2.5.

PowersDuties and duties of counsel;appointed attorney;

allegedcontempt incapacitated persons A.

ANNO LATER THAN SEVEN CALENDAR DAYS BEFORE THE INITIAL HEARING ON A PETITION FOR THE APPOINTMENT OF A PERMANENT GUARDIAN OR PERMANENT CONSERVATOR, THE ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON'SPERSON ATTORNEYOR THE PERSON ALLEGEDLY IN NEED OF PROTECTION SHALL FULFILL THE FOLLOWING MINIMAL DUTIES:

WITHININTERVIEW TWENTY-FOURTHE HOURSALLEGED AFTERINCAPACITATED APPOINTMENT,PERSON INTERVIEWOR THEPERSON ALLEGEDALLEGEDLY INCAPACITATEDIN PERSON.NEED OF PROTECTION.

PROVIDEINFORM IN WRITING TO THE ALLEGED INCAPACITATED PERSON,PERSON THEOR ALLEGEDPERSON INCAPACITATEDALLEGEDLY PERSON'SIN KNOWNNEED FAMILYOF MEMBERSPROTECTION ANDOF ANY PERSONS WHO HAVE FILED A DEMAND FOR NOTICE THEIR RIGHTS AND THE PROCESS TO TERMINATE THE CONSERVATORSHIP OR GUARDIANSHIP, INCLUDING ALL OF THE FOLLOWINGFOLLOWING: INFORMATION:

(a) THE RIGHT TO A JURY TRIAL BY JURY PURSUANT TO SECTION 14-1306.

-IF 1THE -ATTORNEY S.B.IS APPOINTED BY THE COURT, THE ATTORNEY SHALL EXPLAIN TO THE ALLEGED INCAPACITATED PERSON OR PERSON ALLEGEDLY IN NEED OF PROTECTION THAT THE PERSON MAY HIRE A DIFFERENT ATTORNEY AT THE PERSON'S OWN EXPENSE.

1291 (c) THE RIGHT OF THE ALLEGED INCAPACITATED PERSON OR PERSON ALLEGEDLY IN NEED OF PROTECTION TO APPEAR IN COURT DURINGAND PROCEEDINGSHAVE THATANY WILLPERSON AFFECTTHE ALLEGED INCAPACITATED PERSON OR PERSON ALLEGEDLY IN NEED OF PROTECTION WISHES TO BE PRESENT WITH THE ALLEGED INCAPACITATED PERSON'SPERSON ESTATE.OR PERSON ALLEGEDLY IN NEED OF PROTECTION.

(e)3. A DETAILED LIST AND EXPLANATION OF THE DUTIES THE GUARDIAN OR CONSERVATOR WILL ASSUME FOR THE ALLEGED INCAPACITATED PERSON.

(f)PROVIDE THE RIGHTINCAPACITATED OFPERSON FAMILYOR MEMBERSPERSON ANDALLEGEDLY PERSONSIN WITHNEED AOF SIGNIFICANTPROTECTION RELATIONSHIP WITH THEA ALLEGEDCOPY INCAPACITATEDOF PERSONTHE TOSUPREME HAVECOURT REASONABLEPROMULGATED ACCESSORDER TO THEA ALLEGEDGUARDIAN, INCAPACITATEDORDER PERSONTO UNLESSCONSERVATOR THEOR GUARDIANORDER DEMONSTRATES WITH VERIFIABLE EVIDENCE PURSUANT TO SECTIONGUARDIAN 14-5316AND CONSERVATOR THAT CONTACTTHE COURT WILL BEENTER DETRIMENTALIF TO THE ALLEGEDRELIEF INCAPACITATEDREQUESTED PERSON'SIN HEALTH,THE SAFETYPETITION ORIS WELFARE.GRANTED.

WITHINAT FIVETHE BUSINESSINITIAL DAYSHEARING AFTERON THE PETITION FOR APPOINTMENT, THE ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON'SPERSON ATTORNEYOR SHALLTHE PROVIDEPERSON EVIDENCEALLEGEDLY IN NEED OF HAVINGPROTECTION SHALL ATTEST TO THE COURT THAT THE ATTORNEY HAS FULFILLED THE REQUIREMENTS PRESCRIBED IN SUBSECTIONTHIS ASECTION OFOR SHALL PROVIDE AN EXPLANATION AS TO WHY THE ATTORNEY HAS BEEN UNABLE TO COMPLY WITH THE REQUIREMENTS PRESCRIBED IN THIS SECTION.

THE COURT MAY FIND AN ATTORNEY WHO FAILS TO FULFILL THE DUTIES PRESCRIBED IN SUBSECTION A OF THIS SECTION IN CONTEMPT OF COURT.

Sec.- 8 - S.B.

3.1291 Sec.

6.

-8. 2 - S.B.

1291 8.

IFWHETHER THE ALLEGED INCAPACITATED PERSON HASIS ATHE CURRENT,PRINCIPAL VALIDLYUNDER EXECUTEDA HEALTH CARE POWER OF ATTORNEY, DURABLEAND, POWERIF OFSO, ATTORNEY,A CERTIFICATIONCOPY OF TRUSTTHAT ORHEALTH OTHERCARE LEGALPOWER DIRECTIVE, THE TYPE OF LEGALATTORNEY DIRECTIVEMUST ANDBE INCLUDE A COPY OF THE LEGAL DIRECTIVE ATTACHED TO THE PETITION.

- 9 - S.B.

1291 12.

WHETHER THE ALLEGED INCAPACITATED PERSON IS THE PRINCIPAL UNDER A DURABLE POWER OF ATTORNEY IN WHICH THE ALLEGED INCAPACITATED PERSON HAS NOMINATED SOMEONE TO SERVE AS GUARDIAN, AND, IF SO, A COPY OF THAT DURABLE POWER OF ATTORNEY MUST BE ATTACHED TO THE PETITION.

13.

WHETHER THE ALLEGED INCAPACITATED PERSON HAS A PRESENT VESTED INTEREST IN A TRUST, AND, IF SO, THE NAME OF THE TRUST AND THE CURRENT TRUSTEE OF THE TRUST.

The alleged incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed examiner and -investigator, 3and -to S.B.trial by jury.

1291 investigator, and to trial by jury.

AT THE INITIAL HEARING ON THE PETITION, THE COURT SHALL READ INTO THE RECORD THE NOTICE OF RIGHT TO TRIAL BY JURY AS STATED IN THE NOTICE OF HEARING.

D.

E.

A comprehensive assessment listing any functional impairments of the alleged incapacitated person and an explanation of how and to what extent these functional impairments may prevent that person from receiving or- evaluating10 information- inS.B. making decisions or in communicating informed decisions regarding that person.

1291 or evaluating information in making decisions or in communicating informed decisions regarding that person.

4.7.

Notice to the spouse and parents, if they cannot be found within the state, and -to 4all -other S.B.persons except the ward or the alleged incapacitated person shall be given as provided in section 14-1401.

1291 to all other persons except the ward or the alleged incapacitated person shall be given as provided in section 14-1401 ALL PERSONS LISTED IN SUBSECTION A OF THIS SECTION.

Sec.

5.

Section 14-5311, Arizona Revised Statutes, is amended to read:

14-5311.

Who may be guardian;

priorities A.

Any qualified person may be appointed guardian of an incapacitated person, subject to the requirements of section 14-5106.

B.

The court may consider the following persons for appointment as guardian in the following order:

1.

A guardian or conservator of the person or a fiduciary appointed or recognized by the appropriate court of any jurisdiction in which the incapacitated person resides.

2.

An individual or corporation nominated by the incapacitated person if the person has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.

3.

The person nominated to serve as guardian in the incapacitated person's most recent durable power of attorney, CERTIFICATION OF TRUST or health care power of attorney.

4.

The spouse of the incapacitated person.

5.

An adult child of the incapacitated person.

6.

A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent.

7.

Any relative of the incapacitated person with whom the incapacitated person has resided for more than six months before the filing of the petition.

8.

The nominee of a person who is caring for or paying benefits to the incapacitated person.

9.

If the incapacitated person is a veteran, the spouse of a veteran or the minor child of a veteran, the department of veterans' services.

10.

A fiduciary who is licensed pursuant to section 14-5651, other than a public fiduciary.

11.

A public fiduciary who is licensed pursuant to section 14-5651.

AIN personADDITION listedTO inSTATING subsectionTHE B,TIME paragraphAND 4,PLACE 5,OF 6,THE 7HEARING, orA 8NOTICE ofGIVEN thisPURSUANT sectionTO mayTHIS nominateSECTION inSHALL writingPROVIDE aNOTICE personOF toTHE serveRIGHT inTO thatA person'sTRIAL place.BY JURY UNDER SECTION 14-1306, SUBSECTION A.

With respect to persons who have equal priority, the court shall select the one PERSON the court determines is best qualified to serve.

NotwithstandingTHE theCOURT prioritiesMAY setORDER forthA inPERSON subsectionWHO BINTENTIONALLY ofFAILS thisTO section,PROVIDE ifNOTICE theOF petitionA forHEARING appointmentAS ofREQUIRED aBY guardianTHIS forSECTION, theOR incapacitatedWHO personKNOWINGLY isMAKES filedA pursuantFALSE toCLAIM sectionTHAT 14-5301.03THE orPERSON withinDID twoNOT yearsRECEIVE afterNOTICE theOF incapacitatedA person'sHEARING, eighteenthTO birthday,PAY unless the - 511 - S.B.

1291 courtDAMAGES, findsINCLUDING theREASONABLE appointmentATTORNEY toFEES beAND contraryCOSTS, toINCURRED theAS incapacitatedA person'sRESULT bestOF interest:SUCH UNREASONABLE CONDUCT.

1.

The court shall appoint as the incapacitated person's guardian any person who, by court order, had sole legal decision-making of the incapacitated person when the incapacitated person attained eighteen years of age.

2.

If two persons had joint legal decision-making of the incapacitated person when the incapacitated person attained eighteen years of age, the court shall appoint both persons as the incapacitated person's co-guardians COGUARDIANS.

E.

The court may appoint more than one person as the incapacitated person's co-guardians COGUARDIANS if the appointment is required by subsection D of this section or the court finds that the appointment is in the incapacitated person's best interest.

If the court appoints co-guardians COGUARDIANS, the co-guardians COGUARDIANS shall share decision-making for the incapacitated person and neither co-guardian's COGUARDIAN'S rights or responsibilities are superior except as otherwise ordered by the court.

F.

For good cause the court may pass over a person who has priority and appoint a person who has a lower priority or no priority.

For the purposes of this subsection, "good cause" includes a determination that:

1.

The incapacitated person's durable power of attorney or health care power of attorney is invalid.

2.

Honoring the incapacitated person's durable power of attorney or health care power of attorney would not be in the physical, emotional or financial best interest of the incapacitated person.

3.

The estimated cost of the fiduciary and associated professional fees would adversely affect the ability of the incapacitated person's estate to provide for the incapacitated person's reasonable and necessary living expenses.

G.

On a request by a person who was passed over by the court pursuant to subsection F of this section, the court shall make a specific finding regarding the court's determination of good cause and why the person was not appointed.

The request must be made within ten days after the entry of the order.

6.8.

Notwithstanding subsection A of this section, a guardian may SHALL NOT limit, restrict or prohibit contact between the ward and any person if WITH WHOM THE WARD WISHES TO HAVE CONTACT UNLESS the guardian reasonably believes WHOthat HASthe Acontact SIGNIFICANTwill RELATIONSHIPbe WITHdetrimental THEto -the 6ward's -health, S.B.safety or welfare.

1291 WARD WITHOUT VERIFIABLE EVIDENCE that the contact will be detrimental to the ward's health, safety or welfare.

THE GUARDIAN HAS THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT THE REQUESTED CONTACT WILL BE DETRIMENTAL TO THE WARD'S HEALTH, SAFETY OR WELFARE.

THE GUARDIAN HAS THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT THE REQUESTED CONTACT WILL BE DETRIMENTAL TO THE WARD'S HEALTH, SAFETY OR WELFARE.

InAFTER determiningFILING what,A ifPETITION any,PURSUANT contactTO betweenSUBSECTION theD personOR andE theOF wardTHIS isSECTION, inTHE thePETITIONER ward'sSHALL bestREQUEST interest,THAT theTHE courtCOURT shallSET considerAN allINITIAL factorsHEARING thatON areTHE relevantPETITION. to the ward's physical and emotional well-being, including the following:

UNLESS THE PETITIONER REQUESTS A LATER INITIAL HEARING, THE INITIAL HEARING SHALL OCCUR AS SOON AS POSSIBLE BUT NO LATER THAN FIFTEEN JUDICIAL DAYS AFTER THE COURT RECEIVES THE PETITIONER'S REQUEST.

F.

G.

In determining what, if any, contact between the person and the ward is in the ward's best interest, the court shall consider all - 12 - S.B.

1291 factors that are relevant to the ward's physical and emotional well-being, including the following:

If the petition for contact is filed pursuant to section 14-5301.03 or within two years after the ward's eighteenth birthday, any contact with the ward authorized in the most recent parenting time or visitation order shall be presumed to be in the ward's best interests, but - 7 - S.B.

1291 the presumption may be rebutted by evidence showing that the contact authorized in the most recent parenting time or visitation order is no longer in the ward's best interests.

If the petition for contact is filed pursuant to section 14-5301.03 or within two years after the ward's eighteenth birthday, any contact with the ward authorized in the most recent parenting time or visitation order shall be presumed to be in the ward's best interests, but the presumption may be rebutted by evidence showing that the contact authorized in the most recent parenting time or visitation order is no longer in the ward's best interests.

H.

I.

J.

The motion shall be supported by an affidavit alleging the change of circumstances that has occurred since the- entry13 of- theS.B. last contact order.

1291 the entry of the last contact order.

K.

L.

M.

-M. 8 - S.B.

1291N. M.

O.

IF, IN A PROCEEDING BROUGHT UNDER THIS SECTION, THE COURT FINDS THAT THE GUARDIAN HAS UNREASONABLY DENIED CONTACT BETWEEN A WARD AND A PERSON WHO HAS A SIGNIFICANT RELATIONSHIP WITH THE WARD, THE COURT MAY DO EITHER, OR BOTH, OF THE FOLLOWING:

1.

REMOVE THE GUARDIAN.

2.

ORDER THE GUARDIAN TO PERSONALLY PAY SOME OR ALL OF THE REASONABLE ATTORNEY FEES AND EXPENSES INCURRED BY THE PERSON OR THE WARD, OR BOTH.

P.

3.- 14 - S.B.

1291 3.

7.9.

On petition and after notice and a hearing pursuant to this article, the court may continue a conservatorship or other protective -order 9entered -pursuant S.B.to subsection A, paragraph 1 of this section beyond the minor's eighteenth birthday if the court determines that the order is appropriate pursuant to subsection A, paragraph 2 of this section.

1291 order entered pursuant to subsection A, paragraph 1 of this section beyond the minor's eighteenth birthday if the court determines that the order is appropriate pursuant to subsection A, paragraph 2 of this section.

The cost shall not exceed the actual cost of obtaining- the15 person's- criminalS.B. history record information.

1291 obtaining the person's criminal history record information.

IFUNLESS THE COURTALLEGED FINDSBASIS FOR THE APPOINTMENT OF A CONSERVATOR OR ENTRY OF A PROTECTIVE ORDER IS THAT THE PETITIONPERSON ALLEGEDLY IN NEED OF PROTECTION IS NOTCONFINED, SUPPORTEDDETAINED BY CLEARA ANDFOREIGN CONVINCINGPOWER EVIDENCEOR MISSING, THE COURT SHALL NOT APPOINT A CONSERVATOR OR ISENTER VEXATIOUS,A PROTECTIVE ORDER FOR A PERSON UNDER SUBSECTION A, PARAGRAPH 2 OF THIS SECTION UNLESS THE PERSON ALLEGEDLY IN NEED OF PROTECTION HAS APPEARED BEFORE THE COURT MAYEITHER AWARDIN SANCTIONSPERSON ANDOR DAMAGES.BY VIRTUAL MEANS.

IF THAT PERSON IS UNABLE OR UNWILLING TO APPEAR IN PERSON OR BY VIRTUAL MEANS, EVIDENCE OF THE PERSON'S INABILITY OR UNWILLINGNESS TO ATTEND SHALL BE PRESENTED TO THE COURT.

IF THE PERSON DOES NOT WISH TO ATTEND IN PERSON OR BY VIRTUAL MEANS, A DECLARATION SIGNED BY THAT PERSON SHALL BE FILED WITH THE COURT TO PROVE THE PERSON'S INABILITY OR UNWILLINGNESS TO ATTEND.

THE COURT SHALL WEIGH THE EVIDENCE, REQUEST ADDITIONAL EVIDENCE IF NECESSARY AND DOCUMENT ALL EVIDENCE IN THE COURT RECORD.

8.10.

A general statement of the estate of the person allegedly in need of protection with an estimate of its value, including any compensation, insurance, pension or allowance to which the person is -entitled. 10 - S.B.

1291- entitled16 AND- WHETHERS.B. THE PERSON ALLEGEDLY IN NEED OF PROTECTION IS A BENEFICIARY OF A TRUST.

1291 7.

BYWHETHER CLEAR AND CONVINCING EVIDENCE THAT THE PERSON ALLEGEDLY IN NEED OF PROTECTION IS INTHE NEEDPRINCIPAL UNDER A DURABLE POWER OF ATTORNEY, AND, IF SO, A CONSERVATORCOPY OROF ANYTHAT OTHERDURABLE PROTECTIVEPOWER ORDER.OF ATTORNEY MUST BE ATTACHED TO THE PETITION.

ANYWHETHER REASONTHE WHYPERSON ALLEGEDLY IN NEED OF PROTECTION IS THE PETITIONERPRINCIPAL SHOULDUNDER NOTA HEALTH CARE POWER OF ATTORNEY IN WHICH THE PERSON NOMINATES A CONSERVATOR, AND, IF SO, A COPY OF THAT HEALTH CARE POWER OF ATTORNEY MUST BE APPOINTED.ATTACHED TO THE PETITION.

IFWHETHER THE PERSON ALLEGEDLY IN NEED OF PROTECTION HAS A VALIDLYPRESENT EXECUTEDVESTED DURABLEINTEREST POWERIN OFA ATTORNEY,TRUST, HEALTHAND, CAREIF POWERSO, OFTHE ATTORNEY,NAME CERTIFICATION OF TRUST OR OTHER DIRECTIVE, THE TYPETRUST OF LEGAL DIRECTIVE AND INCLUDETHE ACURRENT COPYTRUSTEE OF THE LEGALTRUST. DIRECTIVE ATTACHED TO THE PETITION.

9.11.

Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the protected person or the person allegedly in need of protection shall be given in accordance with section 14-140114-1401. ALL PERSONS LISTED IN SUBSECTION A OF THIS SECTION.

- 1117 - S.B.

1291 Sec.C.

10.IN ADDITION TO STATING THE TIME AND PLACE OF THE HEARING, A NOTICE GIVEN PURSUANT TO THIS SECTION SHALL PROVIDE NOTICE OF THE RIGHT TO A TRIAL BY JURY UNDER SECTION 14-1306, SUBSECTION A.

SectionD. 14-5410, Arizona Revised Statutes, is amended to read:

14-5410.THE COURT MAY ORDER A PERSON WHO INTENTIONALLY FAILS TO PROVIDE NOTICE OF A HEARING AS REQUIRED BY THIS SECTION, OR WHO KNOWINGLY MAKES A FALSE CLAIM THAT THE PERSON DID NOT RECEIVE NOTICE OF A HEARING, TO PAY DAMAGES, INCLUDING REASONABLE ATTORNEY FEES AND COSTS, INCURRED AS A RESULT OF SUCH UNREASONABLE CONDUCT.

WhoSec. may be appointed conservator;

priorities12. A.

TheSection court14-5407, mayArizona appointRevised anStatutes, individualis oramended a corporation, with general power to serveread: as trustee, as conservator of the estate of a protected person subject to the requirements of section 14-5106.

The14-5407. following are entitled to ORDER SHALL BE USED IN consideration for appointment in the order listed:

Procedure concerning hearing and order on original petition A.

On the filing of a petition for appointment of a conservator or any other protective order because of minority, the court shall set a hearing date on the matters alleged in the petition.

If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it shall appoint an attorney to represent the minor.

If the minor is at least fourteen years of age the court shall consider the choice of the minor.

B.

On the filing of a petition for appointment of a conservator or any other protective order for reasons other than minority, or on the filing of a petition for continuation of a conservatorship or other protective order pursuant to section 14-5401, subsection B, the court shall set a hearing date.

Unless the person to be protected has counsel of that person's own choice, the court shall appoint an attorney to represent that person.

If the alleged disability is mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, or chronic intoxication, the court shall appoint an investigator to interview the person to be protected.

On petition by an interested person or on the court's own motion, the court may direct that an appropriate medical or psychological evaluation of the person be conducted.

The investigator and the person conducting the medical or psychological evaluation shall submit written reports to the court before the hearing date.

C.

In any case where the veterans administration UNITED STATES DEPARTMENT OF VETERANS AFFAIRS is or may be an interested party, a certificate of an authorized official of the veterans administration UNITED STATES DEPARTMENT OF VETERANS AFFAIRS that the person allegedly in need of protection has been found incapable of handling the benefits payable, on examination in accordance with the laws and regulations governing the veterans administration UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, is prima facie evidence of the necessity for appointment of a conservator.

- 18 - S.B.

1291 D.

The person allegedly in need of protection is entitled to be present at the hearing, to be represented by counsel, to present evidence and to cross-examine witnesses, including any court appointed examiner and investigator.

The issue may be determined at a closed hearing if the person allegedly in need of protection or that person's counsel so requests.

E.

AT THE INITIAL HEARING ON THE PETITION, THE COURT SHALL READ INTO THE RECORD THE NOTICE OF RIGHT TO A TRIAL BY JURY AS STATED IN THE NOTICE OF HEARING.

E.

F.

After the hearing, and after making specific findings on the record that a basis for the appointment of a conservator or any other protective order has been established, the court shall make an appointment or other appropriate protective order.

Sec.

13.

Title 14, chapter 5, Arizona Revised Statutes, is amended by adding article 9, to read:

ARTICLE 9.

SUPPORTED DECISION-MAKING AGREEMENTS 14-5721.

Definitions IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

THE"ADULT" PERSONMEANS NOMINATEDAN TOINDIVIDUAL SERVEWITH ASA CONSERVATORDISABILITY INWHO THEIS PROTECTEDAT PERSON'SLEAST MOSTEIGHTEEN RECENTYEARS DURABLE POWER OF ATTORNEY,AGE. CERTIFICATION OF TRUST OR TRUST.

THE"DISABILITY" SPOUSEMEANS OFA THEPHYSICAL PROTECTEDOR PERSON.MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES, AS DEFINED IN SECTION 41-1492.

1.

A"INTERESTED conservator,PERSON" guardianMEANS ofANY propertyPERSON orWHO otherIS likeINTERESTED fiduciaryIN appointedTHE orAFFAIRS recognizedOR byWELFARE theOF appropriateAN courtADULT ofWHO anyHAS otherENTERED jurisdictionINTO inA whichSUPPORTED theDECISION-MAKING protectedAGREEMENT. person resides.

2.

An"INTIMIDATE" individualINCLUDES orTHREATENING corporationTO nominatedDEPRIVE byAN theADULT protectedOF personFOOD, ifNUTRITION, theSHELTER protectedOR personNECESSARY isMEDICATION atOR leastMEDICAL fourteenTREATMENT. years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.

3.

The person nominated to serve as conservator in the protected person's most recent durable power of attorney.

4.

The spouse of the protected person.

An"SUPPORTED adultDECISION-MAKING" childMEANS ofA thePROCESS protectedOF person.SUPPORTING AND ACCOMMODATING AN ADULT TO ENABLE THE ADULT TO MAKE LIFE DECISIONS, INCLUDING DECISIONS RELATED TO WHERE THE ADULT WANTS TO LIVE, THE SERVICES, SUPPORT AND MEDICAL CARE THE ADULT WANTS TO RECEIVE, WHOM THE ADULT WANTS TO LIVE WITH AND WHERE THE ADULT WANTS TO WORK, WITHOUT IMPEDING THE ADULT'S SELF-DETERMINATION.

A"SUPPORTED parentDECISION-MAKING ofAGREEMENT" theMEANS protectedAN person,AGREEMENT orBETWEEN aAN personADULT nominatedAND byA theSUPPORTER willTHAT ofIS aENTERED deceasedINTO parent.PURSUANT TO THIS ARTICLE.

Any"SUPPORTER" relativeMEANS ofA thePERSON protectedWHO personIS withAT whomLEAST theEIGHTEEN protectedYEARS personOF hasAGE residedAND forWHO moreENTERS thanINTO sixA monthsSUPPORTED beforeDECISION-MAKING theAGREEMENT filingWITH ofAN theADULT. petition.

8.14-5722.

TheSupported nomineedecision-making ofagreements; a person who is caring for or paying benefits to the protected person.

9.scope;

Ifrights theand protectedobligations; person is a veteran, the spouse of a veteran or the minor child of a veteran, the department of veterans' services.

10.intimidation;

Adeception; fiduciary who is licensed pursuant to section 14-5651, other than a public fiduciary.

11.petition;

Atermination; public fiduciary who is licensed pursuant to section 14-5651.

form A.

AN ADULT, WITHOUT UNDUE INFLUENCE OR COERCION, MAY VOLUNTARILY ENTER INTO A SUPPORTED DECISION-MAKING AGREEMENT WITH A SUPPORTER UNDER WHICH THE ADULT AUTHORIZES THE SUPPORTER TO DO ANY OR ALL OF THE FOLLOWING:

- 19 - S.B.

1291 1.

PROVIDE SUPPORTED DECISION-MAKING, INCLUDING ASSISTING THE ADULT IN UNDERSTANDING THE OPTIONS, RESPONSIBILITIES AND CONSEQUENCES OF THE ADULT'S LIFE DECISIONS, WITHOUT MAKING THOSE DECISIONS ON BEHALF OF THE ADULT.

2.

ASSIST THE ADULT IN ACCESSING, COLLECTING AND OBTAINING FROM ANY PERSON INFORMATION THAT IS RELEVANT TO A GIVEN LIFE DECISION, INCLUDING MEDICAL, PSYCHOLOGICAL, FINANCIAL, EDUCATION OR TREATMENT RECORDS.

3.

ASSIST THE ADULT IN UNDERSTANDING THE INFORMATION DESCRIBED IN PARAGRAPH 2 OF THIS SUBSECTION.

4.

ASSIST THE ADULT IN COMMUNICATING THE ADULT'S DECISIONS TO APPROPRIATE PERSONS.

A personSUPPORTER listedIS inNOT subsectionA A,SURROGATE paragraphDECISION-MAKER 4FOR 2,THE 5,ADULT 6,AND 7DOES orNOT 8HAVE ofTHE thisAUTHORITY sectionTO maySIGN nominateLEGAL inDOCUMENTS writingON aBEHALF personOF toTHE serveADULT inOR thatBIND person'sTHE place.ADULT TO A LEGAL AGREEMENT.

WithC. respect to persons having equal priority, the court shall select the one it determines is best qualified to serve.

TheTHE court,SUPPORTED forDECISION-MAKING goodAGREEMENT cause,SHALL maySET passFORTH overTHE aRIGHTS, personROLES, havingDUTIES, priorityLIMITATIONS andAND appointOBLIGATIONS aOF personBOTH havingTHE aADULT lowerAND priorityTHE orSUPPORTER noWHO priority.ARE ENTERING INTO THE AGREEMENT.

ForD. the purposes of this subsection, "good cause" includes a determination that:

IF THE SUPPORTER INTIMIDATES OR DECEIVES THE ADULT IN PROCURING THE SUPPORTED DECISION-MAKING AGREEMENT OR ANY AUTHORITY PROVIDED IN THE SUPPORTED DECISION-MAKING AGREEMENT, THE SUPPORTER MAY BE SUBJECT TO CRIMINAL PROSECUTION AND CIVIL PENALTIES AS OTHERWISE PROVIDED BY LAW.

E.

THE SUPPORTER MAY NOT RECEIVE COMPENSATION AS A RESULT OF THE SUPPORTER'S DUTIES UNDER A SUPPORTED DECISION-MAKING AGREEMENT.

THE SUPPORTER SHALL ACT WITHOUT SELF-INTEREST AND SHALL AVOID CONFLICTS OF INTEREST.

F.

A SUPPORTED DECISION-MAKING AGREEMENT MUST BE SIGNED BY THE ADULT AND THE SUPPORTER IN THE PRESENCE OF TWO OR MORE SUBSCRIBING WITNESSES, WHO MUST BE AT LEAST EIGHTEEN YEARS OF AGE, OR A NOTARY PUBLIC, AND THE SIGNATURE PROCESS IS SUBJECT TO THE FOLLOWING REQUIREMENTS:

TheBY protectedWITNESSING person'sTHE durableAGREEMENT, powerEACH ofWITNESS attorneyOR isNOTARY invalid.AFFIRMS THAT THE WITNESS OR NOTARY WAS PRESENT WHEN THE PERSON DATED AND SIGNED OR MARKED THE AGREEMENT, EXCEPT AS PROVIDED UNDER PARAGRAPH 2 OF THIS SUBSECTION, AND THAT THE PERSON APPEARED TO BE OF SOUND MIND AND FREE FROM DURESS AT THE TIME OF EXECUTION OF THE AGREEMENT.

-2. 12 - S.B.

1291IF 2.A PERSON IS PHYSICALLY UNABLE TO SIGN OR MARK THE AGREEMENT, THE WITNESS OR NOTARY SHALL VERIFY ON THE DOCUMENT THAT THE PERSON DIRECTLY INDICATED TO THE NOTARY OR WITNESS THAT THE AGREEMENT EXPRESSED THE PERSON'S WISHES AND THAT THE PERSON INTENDED TO ADOPT THE AGREEMENT AT THAT TIME.

HonoringG. the protected person's durable power of attorney would not be in the physical, emotional or financial best interest of the protected person.

A SUPPORTED DECISION-MAKING AGREEMENT EXTENDS UNTIL:

1.

TERMINATED IN WRITING BY EITHER PARTY OR BY THE TERMS OF THE SUPPORTED DECISION-MAKING AGREEMENT.

2.

AT ANY TIME THE ADULT BECOMES AN INCAPACITATED PERSON AS DEFINED IN SECTION 14-5101.

- 20 - S.B.

1291 3.

ON THE APPOINTMENT OF A GUARDIAN PURSUANT TO ARTICLE 3 OF THIS CHAPTER.

H.

THE SUPPORTED DECISION-MAKING AGREEMENT SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:

SUPPORTED DECISION-MAKING AGREEMENT THIS AGREEMENT IS GOVERNED BY THE ARIZONA SUPPORTED DECISION-MAKING AGREEMENT STATUTE SECTION 14-5722, ARIZONA REVISED STATUTES.

FOR THE PURPOSES OF THIS AGREEMENT, "DECISION-MAKER" MEANS AN ADULT WITH A DISABILITY WHO EXECUTES AN AGREEMENT FOR THE PURPOSE OF DESIGNATING AN INDIVIDUAL TO SERVE AS THE DECISION-MAKER'S SUPPORTER WHEN THE DECISION-MAKER MAKES CERTAIN DECISIONS THAT ARE LISTED IN THE AGREEMENT.

PURPOSE OF AGREEMENT THE PURPOSE OF THE SUPPORTED DECISION-MAKING AGREEMENT IS TO SUPPORT AND ACCOMMODATE A DECISION-MAKER TO MAKE INFORMED DECISIONS AND CHOICES ABOUT CERTAIN ASPECTS OF THE ADULT'S DAILY LIFE.

ROLE OF SUPPORTER TO ASSIST A DECISION-MAKER, A SUPPORTER MAY:

1.

ASSIST THE DECISION-MAKER WITH GETTING INFORMATION TO BE ABLE TO UNDERSTAND AVAILABLE CHOICES.

2.

ASSIST THE DECISION-MAKER IN UNDERSTANDING CHOICES SO THE DECISION-MAKER CAN MAKE THE BEST PERSONAL DECISIONS.

TheASSIST estimatedTHE costDECISION-MAKER ofIN theCOMMUNICATING fiduciaryDECISIONS andTO associatedTHE professionalRIGHT feesPEOPLE wouldAND adverselyORGANIZATIONS. affect the ability of the person's estate to provide for the protected person's reasonable and necessary living expenses.

REVOCATION OR TERMINATION OF AGREEMENT A.

THE DECISION-MAKER OR THE SUPPORTER MAY REVOKE THIS AGREEMENT AT ANY TIME.

B.

THIS AGREEMENT TERMINATES AS A MATTER OF LAW AT ANY TIME THE DECISION-MAKER BECOMES AN INCAPACITATED PERSON AS DEFINED IN SECTION 14-5101, ARIZONA REVISED STATUTES.

OnTHIS theAGREEMENT requestTERMINATES ofAS aA personMATTER whoOF wasLAW passedON overTHE byAPPOINTMENT theOF courtA pursuantGUARDIAN toFOR subsectionANY BREASON ofOR thisPURPOSE section,PURSUANT theTO courtTITLE shall14, makeCHAPTER a5, specificARTICLE finding3, regardingARIZONA theREVISED court'sSTATUTES. determination of good cause and why the person was not appointed.

TheD. request must be made within ten days after the entry of the order.

-IF 13EITHER -THE DECISION-MAKER OR SUPPORTER HAS QUESTIONS ABOUT THE AGREEMENT, THE DECISION-MAKER OR SUPPORTER SHOULD SPEAK WITH A LAWYER BEFORE SIGNING THIS SUPPORTED DECISION-MAKING AGREEMENT.

IMPORTANT INFORMATION FOR SUPPORTERS ABOUT THE LIMITS TO THIS AGREEMENT A.

YOU MAY NOT MAKE A DECISION FOR OR ON BEHALF OF THE DECISION-MAKER.

- 21 - S.B.

1291 B.

NEITHER YOU NOR ANY ORGANIZATION FOR WHOM YOU ARE EMPLOYED OR SERVE AS A VOLUNTEER MAY RECEIVE ANY FINANCIAL SUPPORT, REMUNERATION OR COMPENSATION, EITHER DIRECTLY OR INDIRECTLY, FOR OR RELATED TO YOUR SERVICES AND ROLE AS A SUPPORTER TO THE DECISION-MAKER.

C.

WHEN YOU AGREE TO PROVIDE SUPPORT TO AN ADULT UNDER THIS SUPPORTED DECISION-MAKING AGREEMENT, YOU HAVE A DUTY TO AND YOU SHALL:

1.

ACT IN GOOD FAITH.

2.

ACT WITH LOYALTY TO THE DECISION-MAKER.

3.

ACT WITHOUT SELF-INTEREST.

4.

AVOID CONFLICTS OF INTEREST.

5.

STOP SERVING AS A SUPPORTER AT ANY TIME THAT YOU QUESTION THE CAPACITY OF THE DECISION-MAKER TO CONTINUE MAKING DECISIONS EVEN WITH YOUR SUPPORT.

D.

STOP SERVING AS A SUPPORTER AT ANY TIME THAT THE SUPPORTED DECISION-MAKING AGREEMENT IS REVOKED BY THE DECISION-MAKER OR YOU, OR THE AGREEMENT ENDS AS A MATTER OF LAW.

E.

RESPECT THE DECISION-MAKER'S RELATIONSHIPS WITH FRIENDS AND FAMILY MEMBERS AND NOT ATTEMPT TO ISOLATE OR ALIENATE THE DECISION-MAKER FROM THOSE FRIENDS AND FAMILY MEMBERS.

APPOINTMENT OF SUPPORTER I ______________________________________, (NAME OF ADULT, (THE "DECISION-MAKER")), AM OF SOUND MIND AND ENTER INTO THIS AGREEMENT VOLUNTARILY.

MY DISABILITIES ARE:

(DESCRIBE BRIEFLY) ______________________________________________________________ ______________________________________________________________ _____________________________________________________________.

I CHOOSE _____________________________________________________ TO BE MY SUPPORTER.

SUPPORTER'S ADDRESS:__________________________________________ SUPPORTER'S TELEPHONE NUMBER:_________________________________ SUPPORTER'S EMAIL ADDRESS:____________________________________ SUPPORTER'S ROLE AND LIMITATIONS ON THAT ROLE MY SUPPORTER MAY HELP ME WITH LIFE DECISIONS ABOUT EACH OF THE FOLLOWING WHICH I HAVE MARKED WITH AN "X" (CHECK THOSE THAT APPLY):

YES ___ NO ___ OBTAINING FOOD, CLOTHING AND A PLACE TO LIVE.