1. A. An administrative law judge may appoint a guardian ad-litem upon its own initiative.
2. B. An interested party seeking the appointment of a guardian ad-litem shall file a motion with the presiding administrative law judge, or if there is no presiding administrative law judge with the chief administrative law judge.
3. C. The motion for appointment of a guardian ad-litem should include the basis for the request and supporting documentation.
4. D. In cases involving claims of an incapacitated person, the administrative law judge shall conduct a hearing. The standard of proof for the need of a guardian ad-litem shall be clear and convincing evidence.
5. E. In cases involving claims of a minor, the administrative law judge may issue an order without a hearing upon clear and convincing evidence the claimant is a minor.
6. F. The administrative law judge shall issue an order granting or denying the motion.
7. G. The order appointing the guardian ad-litem must set forth the basis for the guardian ad-litem’s appointment, the scope and duration of the guardian ad-litem’s appointment, and the guardian ad-litem’s powers, including those described in R20-5-227.
8. H. The order may be challenged within 30 days pursuant to A.R.S. § 23-946.

Historical Note

New Section made by final rulemaking at 31 A.A.R. 4199 (October 31, 2025), effective December 6, 2025 (Supp. 25-4).