Matter of Guardianship of Reyes

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 concern. Barsema v. Susong, Ariz., (2 CA-CV 5794, filed October 9, 1986).

The appointment of a guardian often involves significant loss…