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In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.

Did you receive a letter? Visit the DCS letter page for more information.

Probate

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Glossaries

Term Main definition
Contraindicated

Means that access is reasonably likely to endanger the life or physical safety of the patient or another person.

Criminal history

Police reports, lists of prior arrests and convictions, criminal case pleadings and court orders, including a determination that the person has been found incompetent to stand trial pursuant to Arizona Revised Statutes, Section 13-4510.

Custodial property

An interest in property that is transferred to a custodian pursuant to this article and income from and proceeds of that interest in property.

Custodial trust property

An interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest.

Custodial trustee

A person who is designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated.

Custodian

A person designated pursuant to Arizona Revised Statutes, Section 14-7659 or a successor or substitute custodian designated pursuant to Arizona Revised Statutes, Section 14-7668.

Danger to others

Means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the needs of the person for treatment and as a result of the mental disorder of the person the continued behavior of the person can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm.

Danger to Self
  • Means behavior that, as a result of a mental disorder:
    • Constitutes a danger of inflicting serious physical harm on oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out.
    • Without hospitalization will result in serious physical harm or serious illness to the person.
  • Does not include behavior that establishes only the condition of having a grave disability.
Designated recipient

A person chosen by a user using an online tool to administer digital assets of the user.

Devise

When used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will.

Devisee

A person designated in a will to receive a devise.  In the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.

Digital asset

An electronic record in which an individual has a right or interest.  Digital asset does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

Disclaimant

The person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

Disclaimed Interest

The interest that would have passed to the disclaimant had the disclaimer not been made.

Distributee

Any person who has received property of a decedent from that person's personal representative other than as a creditor or purchaser. Distributee includes a testamentary trustee only to the extent of distributed assets or increment that remains in that person's hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For the purposes of this paragraph, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets.

Electronic will

A testamentary instrument that is executed and maintained on an electronic medium and that is executed in compliance with Arizona Revised Statutes, Section 14-2518.

Environmental law

Federal, state or local law, rule, regulation or ordinance relating to protection of the environment.

Estate

Includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title.

Evaluation

Means:

  • A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of not less than the following:
    • Two licensed physicians, who shall be qualified psychiatrists, if possible, or at least experienced in psychiatric matters, and who shall examine and report their findings independently.  The person against whom a petition has been filed shall be notified that the person may select one of the physicians.  A psychiatric resident in a training program approved by the American medical association or by the American osteopathic association may examine the person in place of one of the psychiatrists if the resident is supervised in the examination and preparation of the affidavit and testimony in court by a qualified psychiatrist appointed to assist in the resident's training, and if the supervising psychiatrist is available for discussion with the attorneys for all parties and for court appearance and testimony if requested by the court or any of the attorneys.
    • Two other individuals, one of whom, if available, shall be a psychologist and in any event a social worker familiar with mental health and human services that may be available placement alternatives appropriate for treatment. An evaluation may be conducted on an inpatient basis, an outpatient basis or a combination of both, and every reasonable attempt shall be made to conduct the evaluation in any language preferred by the person.
  • A physical examination that is consistent with the existing standards of care and that is performed by one of the evaluating physicians or by or under the supervision of a physician who is licensed pursuant to Arizona Revised Statutes, Title 32, Chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to Arizona Revised Statutes, Title 32, Chapter 15 if the results of that examination are reviewed or augmented by one of the evaluating physicians.
Evaluation agency

A health care agency that is licensed by the department and that has been approved pursuant to this title, providing those services required of such agency by Arizona Revised Statutes, Title 36, Chapter 5.

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