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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
Exempt Property

Property of an estate of the decendant that is described in Arizona Revised Statutes, Section 14-2403.

Fiduciary

A personal representative, guardian, conservator and trustee.

Financial institution

An organization authorized to do business under state or federal laws relating to financial institutions and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association and credit union.

Foreign personal representative

A personal representative appointed by another jurisdiction.

Governing instrument

A deed, will, trust, insurance or annuity policy, account with pay on death designation, security registered in beneficiary form, pension, profit sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney or a dispositive, appointive or nominative instrument of any similar type.

Grave disability

A condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person's own basic physical needs.

Health care decision maker

A person who is authorized to make health care treatment decisions for the patient.

Health care entity

A health care provider, the department, the administration or a regional behavioral health authority under contract with the administration.

Health care provider

A health care institution as defined in Arizona Revised Statutes, Section 36-401 that is licensed as a behavioral health provider pursuant to department rules or a mental health provider.

Heirs

Except as controlled by Arizona Revised Statutes, Section 14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent.

Incapacitated

Lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause.

Incapacitated person

Any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.

Income

Money or property that a fiduciary receives as current return from a principal asset and includes a portion of receipts from a sale, exchange or liquidation of a principal asset, to the extent provided in Arizona Revised Statutes, Chapter 7, Sections 14-7410 through 14-7424.

Income beneficiary

A person to whom net income of a trust is or may be payable.

Income interest

The right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the discretion of the trustee.

Independent evaluator

A licensed physician, psychiatric and mental health nurse practitioner or psychologist selected by the person to be evaluated or by the attorney of such person.

Informal proceedings

Proceedings conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative.

Informed consent

A voluntary decision following presentation of all facts necessary to form the basis of an intelligent consent by the patient or guardian with no minimizing of known dangers of any procedures.

Inpatient psychiatric facility

A hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services.

Interested person

Includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person.  Interested person also includes a person who has priority for appointment as personal representative and other fiduciaries representing interested persons.  Interested person, as the term relates to particular persons, may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

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