MATTER OF GUARDIANSHIP OF REYES

No. 2 CA-CV 5759.

152 Ariz. 235 (1986)

731 P.2d 130

In the Matter of the GUARDIANSHIP OF Ruth Ryan REYES, An Incapacitated Person.

Court of Appeals of Arizona, Division 2, Department B.

December 31, 1986.


Attorney(s) appearing for the Case

Roy A. Mendoza, Pinal Co. Atty. by Wendy Rudman, Florence, for appellee.

Clemans & Brune by Michael J. Brune, Casa Grande, for appellant.


OPINION

LIVERMORE, Presiding Judge.

In this proceeding appellant attacks the Arizona guardianship laws as unconstitutional on the grounds that the burden of proof is by a preponderance of the evidence rather than by clear and convincing evidence, that the definition of "incapacitated person" is vague and overbroad, and that the powers of a guardian are overbroad. Although none of these issues was raised below, we will address them because they are of statewide...

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