Core Terms That Shape Guardianship Proceedings
Understanding guardianship jurisdiction starts with understanding the vocabulary. Arizona's definitions section draws clear lines between the different roles and proceedings involved when an adult needs court-appointed protection.
"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)The statute distinguishes between a guardian (who manages personal decisions for an incapacitated person) and a conservator (who manages the estate of a protected person). It also defines the difference between an incapacitated person, for whom a guardian has been appointed, and a protected person, for whom a protective order managing property has been issued. These distinctions matter because the type of proceeding determines which jurisdiction rules apply.
Proceedings, Orders, and the Meaning of "State"
The definitions section also clarifies procedural terms. A guardianship proceeding is one where an order appointing a guardian is sought or has been issued. A protective proceeding involves a conservatorship or other property management order. The respondent is the adult for whom either type of 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 includes not just the fifty states but also territories, the District of Columbia, and federally recognized Indian tribes. This means the jurisdiction rules in this chapter can apply to guardianship matters involving tribal courts or territorial courts, not just state-to-state conflicts.