HB2972 • 2026

protected persons; jury trial right

HB2972 - protected persons; jury trial right

Healthcare Parental Rights

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rachel Keshel
Last action: 2026-02-03
Official status: House second read
Effective date: Not listed

Plain English Breakdown

The bill text confirms all attorney duties listed in the candidate explanation, including the specific rights and documents required.

HB2972: Jury Trial Rights and Attorney Duties for Protected Persons

This bill clarifies when people facing guardianship or conservatorship have a right to a jury trial and requires court-appointed attorneys to explain specific rights and provide documents at least seven days before the first hearing.

What This Bill Does

Ensures that any party with a constitutional right to a jury trial gets one if they ask for it during proceedings where disputed facts exist.
Allows judges to use an advisory jury even if no legal right to a jury exists or if parties give up their right, letting the judge decide whether to call jurors.
Requires court-appointed attorneys to interview people facing guardianship or conservatorship at least seven days before the first hearing.
Mandates that these attorneys explain specific rights, including the right to a jury trial and the option to hire their own lawyer.
Orders attorneys to give clients a review of the court process and a copy of the form order the judge might sign if guardianship is granted.

Who It Names or Affects

People who are alleged to be incapacitated or in need of protection
Attorneys appointed by courts to represent these individuals
Courts handling petitions for permanent guardians or conservators

Terms To Know

Guardian: A person legally chosen to make personal decisions, such as where someone lives or their medical care.
Conservator: A person legally chosen to manage the financial affairs and property of another individual.
Advisory Jury: A group of citizens who hear evidence and give a verdict that helps but does not force the judge's final decision.

Limits and Unknowns

The bill text does not state when this law will officially take effect.
The source material does not explain how courts decide if a question of fact is 'controverted' or disputed enough to require a jury trial under the new rules.

Bill History

2026-02-03 House
House second read
2026-02-02 House
House Rules: None
2026-02-02 House
House Judiciary: None
2026-02-02 House
House first read

Official Summary Text

HB2972 - protected persons; jury trial right

Current Bill Text

Read the full stored bill text

HB2972 - 572R - I Ver

REFERENCE TITLE:
protected persons; jury trial right

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2972

Introduced by

Representative
Keshel

AN
ACT

amending sections 14-1306 and 14-5111,
arizona revised statutes; relating to jury trials.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 14-1306, Arizona Revised
Statutes, is amended to read:

START_STATUTE
14-1306.

Jury trial

A.
If duly demanded,
A party is
entitled to trial by jury
in any proceeding in which any
controverted question of fact arises as to which any party has a constitutional
right to trial by jury
.

B. If
there is no

the
right to trial by jury under subsection A of this section
or the right
is waived, the court in its discretion may call a
jury to decide any issue of fact, in which case the verdict is advisory only.
END_STATUTE

Sec. 2. Section 14-5111, Arizona Revised
Statutes, is amended to read:

START_STATUTE
14-5111.

Duties of appointed attorney; contempt

A.
No

not
later
than seven calendar days before the initial hearing on a petition for the
appointment of a permanent guardian or permanent conservator, the attorney for
the alleged incapacitated person or the person allegedly in need of protection
shall fulfill the following minimal duties:

1. Interview the alleged incapacitated person or
person allegedly in need of protection.

2. Inform the alleged incapacitated person or person
allegedly in need of protection of all
of
the following
rights
:

(a) The right to a trial by jury
,
which

shall be given
pursuant to section 14-1306.

(b) The right to select an attorney of the person's
choosing. If the attorney is appointed by the court, the attorney
shall explain to the alleged incapacitated person or person allegedly in need
of protection that the person may hire a different attorney at the person's own
expense.

(c) The right of the alleged incapacitated person or
person allegedly in need of protection to appear in court and have any person
the alleged incapacitated person or person allegedly in need of protection
wishes to be present with the alleged incapacitated person or person allegedly
in need of protection.

3. Provide the
alleged
incapacitated
person or person allegedly in need of protection with
both of
the following:

(d)

(
a
)
A review of the court process, timelines and
expected future proceedings.

(
b
)
A
copy of
the

A
supreme court
promulgated

form titled
order to
a
guardian, order to conservator or order to guardian and
conservator
,

or a successor form,
that
the court will enter if the relief requested in the petition is granted.

B. At
the initial hearing on the petition for appointment, the attorney for the
alleged incapacitated person or the person allegedly in need of protection
shall attest to the court that the attorney has fulfilled the requirements
prescribed in this section or shall provide an explanation as to why the
attorney has been unable to comply with the requirements prescribed in this
section.

C.

B.
The
court may find an attorney who fails to fulfill the duties prescribed in this
section in contempt of court.
END_STATUTE