Lindquist v. Mathias et al., 1 CA-CV 2022-0213, 3/2/23

 

The Superior Court must first determine an individual is a vulnerable adult before it empowers an interested person to sue for damages on the vulnerable adult’s behalf under A.R.S. § 46-456(G).

The above-referenced section requires the court to make three findings before it grants an interested person’s petition to sue on behalf of a vulnerable adult.  The petitioner must qualify as an “interested person” under A.R.S. § 14-1201(33), the individual to be protected must be a “vulnerable adult,” and neither the vulnerable adult nor “a duly appointed conservator or personal representative” must have filed an action against the proposed defendant under A.R.S. § 46-456(B).  Lindquist v. Mathias et al., 1 CA-CV 2022-0213, 3/2/23.

The full text of the case: 

Lindquist v. Mathias et. al 

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Probate Advisory Panel

        

      On May 8, 2023, Governor Hobbs signed SB1038, which establishes the Probate Advisory Panel and outlines membership and duties of the panel.  The panel is required to hold quarterly public hearings on how to improve adult guardianship and conservatorship laws through statutory changes, and requires the panel to submit a report of its findings by November 15 of each year. 

      The Chaptered version may be read at the following link:

      Chapter 123 Senate Bill 1038

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Does Arizona Law Allow For Pet Trusts?

    Yes, Arizona allows for the creation of trusts to benefit pets.  A “pet trust” may be created for the benefit of one or more animals that were alive during the settlor’s lifetime.  Animals may be added before the settlor’s death, and the trust may last until the death of the last surviving animal.  While all fifty states now allow for the creation of pet trusts, Arizona law has allowed for pet trusts for quite some time, and the statute can be found at Arizona Revised Statutes § 14-10408.

 

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