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A.R.S. § 14-12105

Court Cooperation in Guardianship

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

When a guardianship proceeding involves more than one state, Arizona courts can request help from courts in other states. That includes holding hearings, ordering evaluations, and compelling testimony. Courts in other states can make the same requests.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

What Arizona Courts Can Ask Other States to Do

Multi-state cases create practical challenges when appointing a guardian or conservator. Witnesses live in different places. Medical records are held in another jurisdiction. The person who needs protection may have moved. This statute gives Arizona courts a toolkit for working with courts in other states.

In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: 1. Hold an evidentiary hearing. 2. Order a person in that state to produce evidence or give testimony pursuant to procedures of that state. 3. Order that an evaluation or assessment be made of the respondent.

A.R.S. § 14-12105(A)(1)-(3)

The list of requests goes further. Arizona courts can also ask another state to order investigations of persons involved in the guardianship proceeding. They can request certified transcripts, ensure necessary people appear, and authorize release of medical, financial, and criminal records.

A petition for guardianship in one state may depend on evidence located in another. This cooperation framework prevents families from needing to start separate proceedings everywhere witnesses or records are located.

Arizona Courts Must Cooperate in Return

This cooperation runs both ways. When a court in another state has an active guardianship proceeding and requests help, Arizona has jurisdiction to grant that request.

If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection A, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

A.R.S. § 14-12105(B)

This reciprocal framework means families dealing with a multi-state situation do not have to start separate proceedings in every state. One court can reach across state lines through a structured, legally recognized process. Whether appointing a guardian or conservator, the cooperation tools help the process move forward.

14-12105. Cooperation between courts A. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: 1. Hold an evidentiary hearing. 2. Order a person in that state to produce evidence or give testimony pursuant to procedures of that state. 3. Order that an evaluation or assessment be made of the respondent. 4. Order any appropriate investigation of a person involved in a proceeding. 5. Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph 1 or any other proceeding, any evidence otherwise produced under paragraph 2, and any evaluation or assessment prepared in compliance with an order under paragraph 3 or 4. 6. Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person. 7. Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 Code of Federal Regulations section 164.504, as amended. B. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection A, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

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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