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Do You Know the Rule? Ariz. Appointment of Guardian Ad Litem for Minor or Incapacitated Claimant

01 Nov, 2023 Frank Ferreri

                               

Phoenix, AZ (WorkersCompensation.com) -- In Arizona, when it appears that a workers' compensation claimant is a minor or incapacitated person, the commission may appoint a guardian ad litem to represent the best interests of the minor or incapacitated person.

The following information breaks down how the procedure for doing so works in Arizona.

Bond Requirement. If required by the commission, the guardian ad litem shall give bond in the form and character required by law from a guardian ad litem appointed by the superior court, and for the amount that the commission determines.

Bond Approval. The bond must be approved by the commission, and the guardian ad litem won't be discharged from liability until the guardian ad litem files an account with the commission or with the superior court in the county in which the minor or incapacitated person resides and until the account, after due notice, is approved.

Compensation. The guardian ad litem shall receive compensation for the guardian ad litem's services as is fixed and allowed by the commission or by the superior court.

Workers' Comp 101: In Weaver v. Martori, 208 P.2d 652 (Ariz. 1949), the guardian ad litem for an injured minor employee couldn't prevent the minor for filing a claim for workers' compensation because the rule in place established that a guardian ad litem could not may an election for a minor without the consent of the court, and the court had not given such consent.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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