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A.R.S. § 14-12102

Guardianship Jurisdiction Definitions

Verified April 4, 202657th Legislature, 1st Regular Session

This statute defines the key terms used in the guardianship jurisdiction act. It sets precise legal meanings for terms like guardian, conservator, incapacitated person, protected person, and respondent. These definitions shape how multi-state guardianship cases work.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

Core Terms That Shape Guardianship Cases

Guardianship and conservatorship law in Arizona starts with knowing the right terms. The definitions section sets clear lines between the roles and proceedings involved.

"Guardian" means a person who has qualified as a guardian of an incapacitated person pursuant to testamentary or court appointment and includes a person who is appointed under chapter 5, article 3 of this title. Guardian does not include a guardian ad litem who is appointed pursuant to section 14-1408 or a representative who is appointed pursuant to section 14-10302.

A.R.S. § 14-12102(4)

A guardian manages personal decisions for an adult who cannot make them alone. A conservator manages that person's property and finances. These are two separate roles with different court proceedings.

An "incapacitated person" already has a guardian in place. A "protected person" already has a court order managing their property. The type of proceeding decides which jurisdiction rules apply.

Proceedings, Orders, and the Meaning of "State"

The statute also defines key procedural terms. A guardianship proceeding is one where a court appoints or is asked to appoint a guardian. A protective proceeding involves a conservatorship or other property order.

The respondent is the adult for whom protection is being sought.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.

A.R.S. § 14-12102(14)

The broad definition of "state" is worth noting. It covers not just the fifty states but also territories and tribal nations. As a result, these jurisdiction rules can apply to tribal courts and territorial courts, not just state-to-state disputes.

Why These Definitions Matter for Families

An adult child in one state who needs to help a parent in another state should know these terms. The guardian vs. conservator distinction tells you which type of case to file.

These definitions also affect where a case is heard. If an incapacitated adult moves to a new state, their location helps decide which court has jurisdiction. Knowing each term helps families handle these proceedings more smoothly.

14-12102. Definitions In this chapter, unless the context otherwise requires: 1. "Adult" means an individual who is at least eighteen years of age. 2. "Conservator" means a person appointed by the court to manage the estate of an adult protected person, including a person appointed under chapter 5 of this title. 3. "Court of this state" or "court in this state" means the superior court. 4. "Guardian" means a person who has qualified as a guardian of an incapacitated person pursuant to testamentary or court appointment and includes a person who is appointed under chapter 5, article 3 of this title. Guardian does not include a guardian ad litem who is appointed pursuant to section 14-1408 or a representative who is appointed pursuant to section 14-10302. 5. "Guardianship order" means an order appointing a guardian. 6. "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. 7. "Incapacitated person" means an adult for whom a guardian has been appointed. 8. "Person", except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. 9. "Protected person" means an adult for whom a protective order has been issued. 10. "Protective order" means an order appointing a conservator or other order related to management of an adult's property. 11. "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued. 12. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 13. "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought. 14. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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