COUNTY ATTY., PIMA COUNTY v. KAPLAN

No. 2 CA-CIV 3353.

124 Ariz. 510 (1980)

605 P.2d 912

In the Matter of the Guardianship of MH-515-2-79. COUNTY ATTORNEY, PIMA COUNTY, Petitioner/Appellee, v. Paul O. KAPLAN, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

January 16, 1980.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., by Howard L. Baldwin, Tucson, for petitioner/appellee.

Law Office of Michael A. Blum, by Michael A. Blum, Tucson, for respondent/appellant.


OPINION

RICHMOND, Judge.

This appeal raises the question of the proper standard of proof in a proceeding to determine if a person is "gravely disabled" within the meaning of A.R.S. § 36-501(11)(a).1 At the conclusion of the evidence on a petition filed pursuant to A.R.S. § 36-523, the court commissioner stated:

This is really a tough case. It's fortunate for the petitioner that we don't have the clear and convincing...

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