Silverman v. Ariz. Dept. of Econ. Sec., CV-23-0181-PR, 6/3/24.

 

     Investigative journalists can engage in “bona fide research” under A.R.S. § 46-460(D)(8), an exception to the general rule that certain records pertaining to abuse, exploitation, or neglect of vulnerable adults must be shielded from public inspection.  Adult Protective Services (APS) operates a program within the Arizona Department of Economic Security (ADES).  Although Arizona law provides a general right to inspect public records, APS records are presumptively restricted from release.  A statutory exception to that presumption provides that ADES employees may release records to “any person who is engaged in bona fide research,” if other criteria are met.  Because the exception applies to “any person,” without limitation, investigative journalists may qualify for the exception.  

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Voting In The Upcoming General Election in Arizona

 

Dates You Need to Know

October 7 – Voter Registration Deadline

October 9 – Early Voting Begins

October 25 – Last Day to Request a Ballot by Mail

October 29 – Mail Back Your Ballot By

November 1 – Last Day to Vote Early In-Person

November 5 – Election Day

When is the Deadline to Register to Vote in the General Election?

          The deadline to register to vote in the upcoming general election is October 7, 2024.  To register to vote, one must be a United States citizen, an Arizona resident in the county listed on your registration twenty-nine days prior to the election, eighteen years of age or older, and able to write your name or make your mark unless prevented by a disability.  You are unable to register if you have been adjudicated an incapacitated person or have been convicted of a treason or felony (unless you have had your civil rights restored).  For a first-time felony conviction, civil rights are automatically restored upon completion of a person’s sentence and payment of any fines and restitution.    

Registering to Vote Online

          Have your valid Arizona driver’s license or identification card available.  Go to Service Arizona and complete the instructions.  Click on “Voter Registration” and follow the instructions. 

Registering to Vote With a Paper Form

          Download a paper form at AZ Clean Elections or pick one up from your County Recorder’s office or public assistance agencies.  Fill out the form according to the instructions.  Mail your completed registration form to the county recorder or drop it off in person.  You’ll receive a registration card in the mail from the County Recorder.  Check the card to be certain all the information is correct. 

Active Early Voting List

          Sign up for the Active Early Voting List and you’ll automatically receive a ballot by mail for every election in which you are eligible to vote.

How to Check to See if You are Registered to Vote

          To check if you are registered to vote, visit the following link:

          AZ Clean Elections Verify My Voter Registration

 I Don’t Have a Permanent Home – Can I still Vote?

          Yes, as long as you are qualified and your address is one of the following:  a homeless shelter, a temporary place for living (halfway house, transitional housing, etc.), the county courthouse, or a general delivery address. 

Early Voting

          Voters that are on the Active Early Voting List, reside in a ballot by mail jurisdiction, or have requested a one-time early ballot will receive their ballot in the mail shortly after the start of early voting.  You can also vote in person at designated early voting locations. 

Election Day Voting

          If your county uses polling places, voters must go to their assigned polling place for their address.  If your county uses vote centers, you may go to any vote center within your county.  Polls are open from 6:00 a.m. until 7:00 p.m. and identification is required to vote at the polls. 

When Do I Need to Update My Registration?

          You are required to update your registration to vote anytime you move away from your permanent or temporary address, change your name, or change your party.  If you didn’t update your registration prior to an election, you can still vote a provisional ballot, which can then be used to update your registration as long as you reside in the same county. 

How to Vote by Mail

          There are two ways to vote by mail.  You can either request a one-time ballot for a single election, or you can sign up for the Active Early Voting List for all future elections.  You may cancel at any time.          

          Mail back your ballot at least seven days before Election Day.  You can also return your ballot to the county recorder/elections office, a designated ballot return box, or any voting location in your county.  All ballots must be received by the county by 7:00 p.m. on Election Day. 

How Is My Identification Verified?

          Your signature is used to verify your identity.  You must sign the ballot affidavit envelope to make sure your vote is counted.  Professionally trained election staff verify the envelope signature matches your voter registration record.  Every voter’s identity must be confirmed before their ballot can be counted.   

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August is National Wills Month - Who Knew?

 

        You can take care of a number of issues with a will.  Particularly for young couples, one of the most important reasons for having a will is to nominate a guardian for their children should they die while their children are minors, as well as provide for adult supervision of any property left to their minor children.  If you have not executed a will in which you have nominated a guardian for your children, the court may step in and appoint someone.

          By having a will, you can not only choose who is to receive your property when you die, but you can also name an alternate beneficiary or beneficiaries if your first choice fails to survive you.  In addition, you can choose a personal representative to carry out your wishes.  If you die without a will in which you’ve named a personal representative, the court will appoint one.

          When a person dies without a will, they are said to have died “intestate” and their property is distributed pursuant to Arizona’s statutes of intestate succession.

Types of Wills Recognized by Arizona Law

          The Arizona Code recognizes holographic wills, attested wills, self-proved wills, and electronic wills.  To be valid, a will must comply with the execution formalities of either a holographic will or an attested will.  A holographic will does not require witnessing, but it must be signed by the testator, and the material provisions (which would include the identity of the testator’s property and the beneficiaries chosen to receive that property) must be in the testator’s handwriting.

          An attested will must be in writing and signed by the testator and at least two witnesses.  The will does not have to be signed by the testator in the presence of the witnesses, and the witnesses do not have to sign in the presence of the testator or each other.  However, the testator must then tell the witnesses that the signature on the document is, indeed, the testator’s or that the document constitutes the testator’s will.

          Most attorneys continue to execute an attested will with greater formality by having the testator sign in the presence of two witnesses, who then sign the will in the testator’s presence at his or her request, and in the presence of each other.  This helps prevent any question about the validity of the will if it must be probated in another state.

          The advantage of a self-proved will is most evident in the event of a will contest.  Formalities of execution are conclusively presumed if a self-proved will is contested in a formal testacy proceeding.  An attested will may be self-proved either at the time of the original execution or later.  Regardless of when an attested will is made self-proved, the process involves an acknowledgment by the testator and affidavit of the witnesses before a notary public.  There are statutory requirements regarding the content of the language that must be included at the end of the will if it is to be self-proved.

          Regardless of the type of will, the testator must be of sound mind to make a will.  To have sufficient mental capacity, the testator must understand the natural objects of his or her bounty, the kind or character of his or her property, and the nature of the testamentary act.

The Use of a Separate Personal Property List to Dispose of Specific Property

          Certain tangible personal property may be disposed of by a separate written list, but there are some limitations and requirements.  The property and the recipients of that property must be described with reasonable certainty, the list must be referred to in a properly executed will, and the list must be either in the handwriting of the testator or signed by the testator.  In addition, property disposed of by the list must not be property specifically devised in the will itself, and is limited to tangible personal property.  For example, the list cannot be used to dispose of money or property such as bank accounts or securities, which are intangible personal property.

          The purpose of this provision is to allow a testator to prepare a separate list of things such as jewelry, collections, pictures, furniture, clothing, and other personal effects he or she would like to leave to family and friends.  The advantage of a list such as this is that it may be made up after the execution of the will and completed or changed at a later date.  Although there is no limit on the value of the tangible personal property that may be disposed of by the list, it should be used to dispose of items of relatively small value, and valuable items should be specifically devised in the will.

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Wood v. Coconino, 1-CA-CV-2022-0710 - Guardianship and Voting

 

    Arizona’s guardianship statutes A.R.S. §§ 14-5101(3), 14-5304, and 14-5304.02, violate the due process rights of a person subject to guardianship proceedings by terminating the right to vote upon establishment of a general guardianship without a determination of the person’s voting capacity and by placing the burden on the ward to justify retaining the right to vote.  The statutes are not narrowly tailored, nor are they the least restrictive means of achieving the State’s interest.  The statutes target all wards, not just those who may lack voting capacity.  Due process requires that, before terminating the right, petitioner must show by clear and convincing evidence that the person lacks the capacity to vote.  The ward does not bear that evidentiary burden.  Wood v. Coconino, 1-CA-CV-2022-0710, 5/30/24.

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Arizona Supreme Court Declines to Add a Ninth Factor When Considering Undue Influence

 

Examining the non-exclusive factors that are treated as significant indicia of the presence or absence of undue influence in the execution of a testamentary document, as found in In re Estate of McCauley, 101 Ariz. 8, 10-11 (1966), the Arizona Supreme Court declined to add a new ninth factor, statements that a grantor made after executing a deed, though such statements may be relevant in some cases alleging undue influence.  A grantor’s post-execution statement is relevant to an undue influence claim if it addresses the grantor’s state of mind or mental condition, or the circumstances present, at the time of the execution of the document.  Rosenberg v. Sanders, CV-22-0170-PR, 12/11/23.   

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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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