Rule 17.1.Appointment of a guardian ad litem for an alleged incapacitated person or an adult in need of protection.

Last verified July 1, 2026

In one sentenceRule 17.1 lets a court appoint a guardian ad litem to investigate whether a party who might be incapacitated or in need of protection needs a guardian, conservator, or other protective order, and defines that guardian ad litem’s limited role, authority, confidentiality duties, and compensation, keeping the role separate from representing the party in the underlying civil case.

Full Text of Rule 17.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) Appointment. Any party in a civil proceeding governed by the Rules of Civil Procedure may move for the appointment of a guardian ad litem (hereinafter referred to as a “GAL”) for a party who might be incapacitated or in need of protection (hereinafter referred to as the “subject person”), including the attorney for the subject person. On such motion, or on its own initiative, the court may appoint a GAL for a party if the court finds reasonable cause to believe that the party is, or may be, an incapacitated person (as defined in Rule 17(a)(4)) or an adult in need of protection (as defined in Rule 17(a)(1)) and the party is or may be in need of a guardian or conservator, or both, or other protective order under Chapter 5 of Title 14 of the Arizona Revised Statutes. The court must notify the parties and the GAL of the appointment within 3 days.

(b) GAL’s Qualifications. A GAL appointed under this rule must be an attorney licensed to practice in Arizona. A GAL must not ever have represented any of the parties; must not be related to any party or to a party’s attorney; and must have no personal interest in the civil proceeding.

(c) Stay of Proceedings Upon Appointment. Unless the court orders otherwise, the court’s appointment of a GAL under this rule automatically stays the civil proceeding, except that all previously issued orders remain in effect. This stay remains in effect until the court enters an order lifting the stay.

(d) Role. The role of a GAL appointed under this rule is limited to investigating whether the subject person may be in need of a guardian, conservator, or other protective order under Title 14 of the Arizona Revised Statutes, and, if so, to initiate and prosecute proceedings under Chapter 5 of Title 14 of the Arizona Revised Statutes. The GAL does not represent the subject person in the civil proceeding and may not be called to testify in that proceeding or be asked to advise the subject person or the court on any pending issue in the civil proceeding except on whether the subject person may be in need of a guardian, conservator, or other protective order under Title 14 of the Arizona Revised Statutes.

(e) Authority. The GAL may:

(1) communicate with, and obtain and review records from, any person or entity who has knowledge or information relevant to whether the subject person is in need of a guardian, a conservator, or other protective order under Title 14 of the Arizona Revised Statutes. This power to obtain records includes access to all medical, substance abuse, psychiatric, psychological, and counseling records of the subject person, including records that are otherwise privileged or confidential;

(2) meet with the subject person at any location where that person may be located and meet and interview other individuals living in the same household as the subject person or, if the subject person is at a care facility, treatment agency, or hospital, the persons in charge of providing treatment to, or care for, the subject person;

(3) obtain and review court records in any case, including a court-ordered mental health care and treatment case, filed in any court, concerning the subject person;

(4) obtain and review financial records, including records of the subject person that are otherwise privileged or confidential;

(5) consult with any person who may be entitled to initiate, or has initiated, guardianship, conservatorship, or other protective proceedings under Chapter 5 of Title 14 of the Arizona Revised Statutes, and investigate and review the background of any person who is interested in becoming the guardian or conservator, including but not limited to the person’s criminal arrests and convictions and credit history;

(6) initiate and prosecute proceedings under Chapter 5 of Title 14 of the Arizona Revised Statutes; and

(7) perform any other act specifically authorized by the court.

(f) Order of Appointment. The order appointing the GAL must set forth the basis for the GAL’s appointment, the scope and duration of the GAL’s appointment, and the GAL’s powers, including those described in Rule 17.1(e).

(g) Privileges and Confidentiality.

(1) No Privilege Between the GAL and the Subject Person. The subject person has no privilege concerning the person’s communication with the GAL. When the GAL first communicates with the subject person, the GAL must inform the subject person that their communications are not privileged.

(2) Confidentiality. Notwithstanding Rule 17(g)(1), the GAL may not disclose any communication with the subject person except as is necessary to investigate and advise whether the subject person may be in need of a guardian, conservator, or other protective order under Title 14 of the Arizona Revised Statutes, or to initiate and prosecute proceedings under Chapter 5 of Title 14 of the Arizona Revised Statutes.

(3) Subject Person’s Privileges and Confidentiality. The appointment of a GAL for a subject person and the receipt of otherwise privileged or confidential documents or information by the GAL does not waive any of the subject person’s privileges or rights of confidentiality. As a result, the GAL may not be compelled by any party to the civil proceeding to produce any privileged documents the GAL obtains.

(h) Independent Evaluation. On the GAL’s motion, or on its own initiative, the court may order an evaluation of the subject person by a physician, psychologist, or registered nurse to assist the GAL in determining whether the subject person is an incapacitated person or an adult in need of protection. The physician, psychologist, or registered nurse must provide the results of that evaluation only to the guardian ad litem, and the evaluation is not subject to discovery in the civil proceeding.

(i) Report. Within the time set by the court, the GAL must file a report in the civil proceeding regarding the status and results of the GAL’s investigation, including whether the GAL, or anyone else, intends to or has initiated guardianship proceedings, conservatorship proceedings, or both. If the report contains privileged or confidential information, the GAL must request to file the report under seal. The GAL must provide the parties to the civil proceeding with a copy of the report, but not any privileged or confidential information.

(j) Fees and Costs of GAL and Physician, Psychologist, or Registered Nurse. A GAL and any physician, psychologist, or registered nurse appointed under this rule are entitled to receive reasonable compensation for the work they performed and costs they incurred. Such compensation must be taxed as part of the action’s costs.

End

Amendment History

Adopted by R-22-0011, effective January 1, 2023.

Plain-English Summary

When a court has reasonable cause to believe a party in a civil case might be an incapacitated person or an adult in need of protection, and that party may need a guardian, a conservator, or another protective order, Rule 17.1 lets the court appoint a guardian ad litem to look into it. Any party, or the subject person's own attorney, may ask for the appointment, or the court can raise it on its own; either way, the court must notify everyone, including the appointed guardian ad litem, within three days. The appointment must go to a licensed Arizona attorney who has never represented any party, is not related to a party or its attorney, and has no personal stake in the case.

Appointing a guardian ad litem automatically pauses the underlying civil case, though earlier orders stay in effect until the court lifts the stay. The guardian ad litem's job is narrow: investigate whether the subject person needs protective proceedings under Arizona's probate statutes, and if so, start and pursue those proceedings. The guardian ad litem does not represent the subject person in the paused civil case and cannot be asked to testify or weigh in on that case's merits.

To do the investigation, the guardian ad litem can gather medical, financial, and court records, even records that would ordinarily be privileged or confidential, meet with the subject person and the people around them, and look into the background of anyone who might serve as guardian or conservator. The subject person has no privilege over communications with the guardian ad litem, though the guardian ad litem can only share what it learns as needed to pursue the protective proceeding, and providing privileged records does not waive the subject person's privileges toward anyone else. The court may also order an independent medical or psychological evaluation to help the guardian ad litem reach a conclusion.

Once the investigation wraps up, the guardian ad litem files a report on its findings, sealing any privileged material, and shares a copy with the parties. Both the guardian ad litem and any evaluating physician, psychologist, or nurse are entitled to reasonable compensation, taxed as part of the case's costs.

Frequently Asked Questions

When can a court appoint a guardian ad litem under Rule 17.1?

When it has reasonable cause to believe a party is, or may be, an incapacitated person or an adult in need of protection who may need a guardian, conservator, or other protective order.

Does a guardian ad litem represent the subject person in the underlying lawsuit?

No, the role is limited to investigating whether the subject person needs protective proceedings; the guardian ad litem cannot testify or advise on the lawsuit’s merits.

Can a guardian ad litem access private medical and financial records?

Yes, including records that are otherwise privileged or confidential, though the guardian ad litem may only share what it learns as needed to pursue the protective proceeding.

Who pays for a guardian ad litem’s services?

The guardian ad litem and any evaluating physician, psychologist, or nurse are entitled to reasonable compensation, taxed as part of the case’s costs.

Source & verification. The rule text and History are reproduced verbatim from the official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 17.1). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: guardian ad litemGALincapacitated partyadult in need of protection