Arizona
Overview
Arizona enacted supported decision-making legislation in 2023 and 2024. We have not located any case law specifically recognizing supported decision-making, but it may still be required as a less restrictive alternative to guardianship.
Guardianship Laws
Adult Guardianship Statute: Ariz. Rev. Stat. §§ 14-5101 to -5110; 14-5301 to -5315; 14-5501 to -5507; 14-5301 to -5315; 14-5401 to -5433; 14-12101 to -12503; 36-564 (pertaining to developmental disabilities)
Supported Decision-Making
State Legislation
- Ariz. Rev. Stat. § 14–5721-22
- Description: Identifies supported decision-making as a valid agreement to assist disabled persons in making and communicating life decisions, specifically in the areas of: medical, psychological, financial, and educational (A)(2); provides a sample form for the agreement (H); and identifies any attempts to manipulate or intimidate a disabled person by a “supporter” as a criminal offense. (4)(D).
- H.B. 2174, 2024 Leg., 2d. Reg. Sess. (Ariz. 2024)
- Description: Recognized supported decision-making as an alternative to guardianship with a sample agreement form.
- Status: Effective March 29, 2024
- S.B. 1291, 2023 Leg., 1st. Reg. Sess. (Ariz. 2023)
- Description: Amended the supported decision-making statute to support decision-making as a valid agreement, next to power of attorney and advanced directives, as well as the statutory language of § 14–5722.
- Status: Effective January 1, 2024
Supported Decision-Making Statute
None found
None found
- H.B. 2751, 2022 Leg., 55th Sess. – 2d Reg. Sess. (Ariz. 2022)
- Description: Would add supported decision-making as an alternative to guardianship.
- Status: Failed to pass; reintroduced in 2023.
- H.B. 2538, 2021 Leg., 55th Sess. (Ariz. 2021)
- Description: Would add supported decision-making as an alternative to guardianship.
- Status: Failed in Senate on third reading on 05/26/2021
Case Law & Court Orders
None found
State Grant Programs
State Grantee: The Arc of Arizona
Summary: The Arizona Developmental Disabilities Planning Council awarded $80k to The Arc of Arizona to help understand legal capacity, communication and decisionmaking skills, identifying risks and support networks, and empowering individuals with IDD
Other Resources
- Disability Rights Arizona on supported decision-making and guardianship alternatives
- Arizona Developmental Disabilities Planning Council on supported decision-making
- Southwest Institute for Families and Children on supported decision-making
- Facebook Page: Arizona Supported Decision-Making
- Southwest Institute for Families and Children: Supported Decision-Making Curriculum
- Legal Forms – Medical Directive, Healthcare Power of Attorney, and Mental Healthcare Power of Attorney
- PowerPoint: Legal Options Manual – Legal Options for Adults with a Disability Who Need Assistance, Arizona Developmental Disabilities Planning Council
- Publication: Arizona Center for Disability Law Press Release: “ACDL to Partner in Pilot Project for Supported Decision-Making Information and Training, “October 11, 2018
- Publication: Off the Guardianship Path: Utilizing Supported Decision-Making as a Road to Self-Determination, The Arc of Arizona and the Southwest Institute for Families and Children with Special Needs
Information Last Updated: January 17, 2024