Official Summary Text
SB1648 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1648
compensation;
elderly; best interests
Purpose
Modifies requirements relating to the process by which a guardian,
conservator, attorney or guardian ad litem requests compensation from the
estate of a ward or protected person.
Background
When a guardian, conservator, attorney or guardian ad litem intends to
seek compensation from the estate of the ward or protected person, that person
must provide written notice of the basis of the compensation by filing a
statement with the court and providing a copy to all persons who are entitled
to notice. The statement must include a general explanation of the compensation
arrangement and how the compensation will be computed. Compensation paid from
the estate must be reasonable and necessary. The court must consider the best
interest of the ward or protected person when determining the reasonableness
and necessity of compensation and may consider prescribed factors that include:
1) whether the services provided any benefit or attempted to advance the best
interest of the ward or protected person; 2) the usual and customary fees
charged in the relevant professional community for the services as well as the
extent that the services were provided in a reasonable, efficient and cost
effective manner; 3) the size and composition of the estate; 4) whether there
was appropriate and prudent delegation to others; and 5) any other factors
relating to the reasonableness of fees (
A.R.S.
� 14-5109
).
There is no anticipated fiscal impact
to the state General Fund associated with this legislation.
Provisions
1.
Requires
a guardian, conservator, attorney or guardian ad litem who intends to seek
compensation from a ward's or protected person's estate to provide a detailed,
rather than general, explanation of the compensation arrangement when filing
the disclosure of compensation with the court.
2.
Requires,
rather than allows, the court to consider the prescribed factors for
determining the reasonableness and necessity of compensation sought.
3.
Directs
the court to approve the projected cost that is levied against a ward's or
protected person's estate by an attorney or guardian ad litem who intends to be
paid before rendering
services or incurring
costs, except that any cost incurred may not exceed the expenditure amount.
4.
Makes
technical changes.
5.
Becomes
effective on the general effective date.
Prepared by Senate Research
February 6, 2026
ZD/KS/ci
Current Bill Text
Read the full stored bill text
SB1648 - 572R - S Ver
Senate Engrossed
compensation;
elderly; best interests
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1648
AN
ACT
Amending section 14-5109, arizona
revised statutes; relating to compensation disclosure.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 14-5109, Arizona Revised
Statutes, is amended to read:
START_STATUTE
14-5109.
Disclosure of compensation; determining reasonableness and
necessity
A. When a guardian, a conservator, an attorney or a
guardian ad litem who intends to seek compensation from the estate of a ward or
protected person first appears in the proceeding, that person must give written
notice of the basis of the compensation by filing a statement with the court
and providing a copy of the statement to all persons entitled to notice
pursuant to sections 14-5309 and 14-5405. The statement
must provide a
general
detailed
explanation
of the compensation arrangement and how the compensation will be computed.
B. If during the pendency of the action the basis
for compensation changes, the guardian, conservator, attorney or guardian ad
litem must provide notice of the change to all persons entitled to notice
pursuant to this
subsection
section
not
less than thirty days before the change becomes effective.
C. Compensation paid from an estate to a guardian,
conservator, attorney or guardian ad litem must be reasonable and necessary.�
To determine the reasonableness and necessity of compensation, the court must
consider the best interest of the ward or protected person.� The
court shall consider the
following factors
may be
considered
to the extent applicable:
1. Whether the services provided any benefit or
attempted to advance the best interest of the ward or protected person.
2. The usual and customary fees charged in the
relevant professional community for the services.
3. The size and composition of the estate.
4. The extent that the services were provided in a
reasonable, efficient and cost-effective manner.
5. Whether there was appropriate and prudent
delegation to others.
6. Any other factors bearing on the reasonableness
of fees.
D. The person seeking compensation has the burden of
proving the reasonableness and necessity of compensation and expenses sought.
E. The court shall approve the
projected cost that is levied against the estate by an attorney or a guardian
ad litem who intends to be paid by the ward before rending the service or incur
costs.� Any cost that is incurred may not exceed the expenditure amount in
question.
END_STATUTE