Arizona 55th Legislative Session Summary

By Kent Berk on July 17th, 2021 in Uncategorized

SESSION SUMMARY

Days of Session: 171
Bills Posted: 1774
Bills Passed: 473
Bills Vetoed: 27
Bills Signed: 412
Resolutions Posted: 125
Resolutions Passed: 13

Session End: July 1, 2021

Non-Emergency Bills Effective (90 days after adjournment): September 29, 2021

Probate/Estate Related Laws

The 55th Arizona legislative session was capped with the passage of $1.9 billion in annual tax cuts. The result, a flat tax of 2.5% for almost all Arizona taxpayers. With the Proposition 208 tax on high income earners, Arizona’s maximum state income tax rate will now be 4.5%, instead of 8%. The 55th session included the passage of several new laws affecting probate and elder law, while others were considered but not adopted.

HB 2538: SUPPORTED DECISION-MAKING; SUPPORTER OBLIGATIONS

Would have added a new article to Title 14 (Trusts, Estates and Protective Proceedings) regulating “supported decision-making agreements:” defined as an agreement between an adult with a “disability” (defined as a physical or mental impairment that substantially limits one or more major life activities) and a “supporter” (defined) to enable the adult to make life decisions without impeding the adult’s self-determination. An adult is authorized to voluntarily enter into a supported decision-making agreement to authorize the supporter to provide supported decision-making, assist the adult with accessing relevant information and understanding that information, and assist the adult in communicating the adult’s decisions to appropriate persons. The supported decision-making agreement is required to set forth the rights and obligations of both the adult and the supporter. If the supporter intimidates or deceives the adult in procuring the supported decision-making agreement, the supporter is subject to criminal prosecution and civil penalties. The supporter is prohibited from receiving compensation as a result of the supporter’s duties under a supported-decision making agreement. An “interested person” (defined) is authorized to file a verified petition with the superior court to determine the validity of the supported decision-making agreement. A supported decision-making agreement is required to be signed by the adult and the supporter in the presence of two or more subscribing witnesses or a notary public. A supported decision-making agreement terminates if at any time the adult becomes an “incapacitated person” (defined elsewhere in statute) or on the appointment of a guardian. Establishes a standard form for supported decision-making agreements and requires supported decision-making agreements to be in substantially that form. A supported decision-making agreement is added to the definition of “governing instrument” for the purpose of Title 14 (Trusts, Estates and Protective Proceedings). Effective January 1, 2022.

ARS Title Affected: 14
First Sponsor: Rep. Longdon (D – Dist 24)

Failed to pass Senate, May 26