Right to counsel

Generally

Minors have a RTC in temp. conservatorship cases and may have a RTC in proceedings for the appointment or removal of a guardian or conservator.

Guardianship Establishment

According to Ariz. Rev. Stat. § 14-5207(D), “If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is at least fourteen years of age.”  

Guardianship Removal

The guardianship of a minor terminates if the minor or guardian passes away, when the minor reaches the age of majority or is adopted.  But a minor subject to a guardianship who is fourteen years of age or older may petition the court seeking early removal of the guardian. Ariz. Rev. Stat. § 14-5212(A).  Again, if “the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor…” Ariz. Rev. Stat. § 14-5212(D).

Conservatorship Establishment

The statute covering conservatorships for reason of minority contains similar discretionary language as that in the provisions cited above:  In matters related to appointment of a (plenary) conservator or any other protective order because of minority, the court shall appoint counsel for the minor “[i]f, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented[.]” Ariz. Rev. Stat. Ann. § 14-5407(A).

Although paragraph (D) of this section uses language that sounds mandatory, it likely refers only to the minor’s right to counsel of their choosing:  “The person allegedly in need of protection is entitled to be present at the hearing, to be represented by counsel…” Ariz. Rev. Stat. § 14-5407(D).

Temporary Conservatorships

In emergency situations, the court may appoint a temporary conservator through an ex parte order.  But the court must appoint counsel for the minor to be protected upon receipt of a petition for a temporary conservatorship:  “Unless the person allegedly in need of protection is represented by independent counsel, the court shall appoint an attorney to represent that person in the proceeding on receipt of the petition for temporary appointment.” Ariz. Rev. Stat. § 14-5401.01(C).

Termination of Conservatorship

Ariz. Rev. Stat. § 14-5430(A) provides as to conservatorship termination matters, “A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order.” 

Accordingly, the court must presumably appoint counsel for a minor who is seeking to terminate their conservatorship “[i]f, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented[.]” See Ariz. Rev. Stat. Ann. § 14-5407(A).