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Committee advances bill letting courts appoint evaluators and shift evaluator costs in indigent guardianship cases
Summary
The Senate Committee on Health and Human Services recommended HB 2492, allowing courts to appoint capacity evaluators and order a county to pay evaluator fees when petitioners cannot afford them and payment by the petitioner or alleged incapacitated person is not feasible.
The Arizona Senate Committee on Health and Human Services recommended HB 2492 with a unanimous vote. The bill allows a court to appoint a qualified evaluator to assess an alleged incapacitated person's capacity when the person has no established relationship with a physician, psychologist or registered nurse. It also authorizes a court to order a county to pay reasonable compensation to an evaluator if a petitioner cannot feasibly pay and the guardianship petition is denied.
Family members and advocates testified about the financial and practical barriers to obtaining guardianship for adults with severe mental illness. Karina Lopez described years of difficulty arranging care for her adult son and said timely guardianship would have reduced trauma and expensive hospitalizations. Sharon Barnes, a guardian and member of Mad Moms, said the psychiatric evaluation is a common financial barrier for lower‑income families seeking guardianship and that the bill would not change the substantive standard for guardianship, only payment responsibility in narrow cases.
Sponsors and witnesses said the change aims to reduce delay where an indigent alleged incapacitated person needs a caregiver appointed but the petitioner cannot pay the evaluator fee. The committee approved HB 2492 by voice roll and then recorded a roll call showing 7 ayes, 0 nos; the measure advanced with unanimous support.
Votes at a glance: HB 2492 — do pass recommendation in committee, 7 ayes, 0 noes.
