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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
compensation; elderly; best interests
Purpose
Modifies requirements relating to the process by which a guardian, conservator, attorney or guardian ad litem requests compensation from the estate of a ward or protected person.
Background
When a guardian, conservator, attorney or guardian ad litem intends to seek compensation from the estate of the ward or protected person, that person must provide written notice of the basis of the compensation by filing a statement with the court and providing a copy to all persons who are entitled to notice. The statement must include a general explanation of the compensation arrangement and how the compensation will be computed. Compensation paid from the estate must be reasonable and necessary. The court must consider the best interest of the ward or protected person when determining the reasonableness and necessity of compensation and may consider prescribed factors that include: 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 as well as the extent that the services were provided in a reasonable, efficient and cost effective manner; 3) the size and composition of the estate; 4) whether there was appropriate and prudent delegation to others; and 5) any other factors relating to the reasonableness of fees (A.R.S. § 14-5109).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a guardian, conservator, attorney or guardian ad litem who intends to seek compensation from a ward's or protected person's estate to provide a detailed, rather than general, explanation of the compensation arrangement when filing the disclosure of compensation with the court.
2. Requires, rather than allows, the court to consider the prescribed factors for determining the reasonableness and necessity of compensation sought.
3. Directs the court to approve the projected cost that is levied against a ward's or protected person's estate by an attorney or guardian ad litem who intends to be paid before rendering services or incurring costs, except that any cost incurred may not exceed the expenditure amount.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2026
ZD/KS/ci