Right to attorney, guardian ad litem, or both

Key_development Question_mark

Legislation, Other subject area

Ariz. Rev. Stat. § 36-3211 provides:

A. Unless inconsistent with the express directions of the principal in a health care directive, an agent shall encourage and allow contact between the principal and other persons who have a significant relationship with the principal.

B. An agent may not limit, restrict or prohibit reasonable contact between the principal and any other person without prior court approval, unless the principal has granted the agent such authority in a health care directive.


If the principal or person with whom the principal maintains a significant relationship believes that the agent has inappropriately "limited, restricted, or prohibited" contact between them, the principal or person may bring a petition to compel the agent to allow contact between them. Ariz. Rev. Stat. § 36-3211(C)-(D). 


Alternatively, an agent who believes contact between the principal and another person is not in the principal's best interest may petition the court for authority to restrict contact where the agent does not already have this express authority under the terms of the power of attorney document. Ariz. Rev. Stat. § 36-3211(E).


In all such matters, the court shall appoint an attorney, guardian ad litem, or both to represent the principal upon the filing of a petition.  § 36-3211(G)(1).

Appointment of Counsel: categorical Qualified: yes