County Attorney, Pima County v. Kaplan

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 — SOlillXa). 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 proof problem that we have in a dangerous-to-self or dangerous-to-others petition. I think it’s merely a preponderance of the evidence. I think it’s a real close case.

Appellant…