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REFERENCE TITLE: compensation; elderly; best interests |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1648 |
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Introduced by Senator Finchem
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AN ACT
Amending section 14-5109, arizona revised statutes; relating to compensation disclosure.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 14-5109, Arizona Revised Statutes, is amended to read:
14-5109. Disclosure of compensation; determining reasonableness and necessity
A. When a guardian, a conservator, an attorney or a guardian ad litem who intends to seek compensation from the estate of a ward or protected person first appears in the proceeding, that person must give written notice of the basis of the compensation by filing a statement with the court and providing a copy of the statement to all persons entitled to notice pursuant to sections 14-5309 and 14-5405. The statement must provide a general detailed explanation of the compensation arrangement and how the compensation will be computed.
B. If during the pendency of the action the basis for compensation changes, the guardian, conservator, attorney or guardian ad litem must provide notice of the change to all persons entitled to notice pursuant to this subsection section not less than thirty days before the change becomes effective.
C. Compensation paid from an estate to a guardian, conservator, attorney or guardian ad litem must be reasonable and necessary. To determine the reasonableness and necessity of compensation, the court must consider the best interest of the ward or protected person. The court shall consider the following factors may be considered to the extent applicable:
1. Whether the services provided any benefit or attempted to advance the best interest of the ward or protected person.
2. The usual and customary fees charged in the relevant professional community for the services.
3. The size and composition of the estate.
4. The extent that the services were provided in a reasonable, efficient and cost-effective manner.
5. Whether there was appropriate and prudent delegation to others.
6. Any other factors bearing on the reasonableness of fees.
D. The person seeking compensation has the burden of proving the reasonableness and necessity of compensation and expenses sought.
E. The court shall approve the projected cost that is levied against the estate by an attorney or a guardian ad litem who intends to be paid by the ward before rending the service or incur costs. Any cost that is incurred may not exceed the expenditure amount in question.