Three Terms That Control Jurisdiction
Before a court can decide if it has authority, it needs clear definitions. This statute provides three key terms. These terms decide which state handles a guardianship or conservatorship case.
"Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months before the filing of the petition.
A.R.S. § 14-12201(A)(2)The "home state" rule works like it does in child custody law. Six months of living in a state makes it the home state. If the person has not been in any state that long, the statute looks back further.
An "emergency" means a situation likely to cause serious harm to health or safety. It applies when no one else has authority to act. A "significant-connection state" is any state where the person has real ties beyond just being present.
How Courts Measure Connections
The court looks at four factors to measure ties to a state. Family members and other parties can present evidence on these factors at a hearing.
In determining under section 14-12203 and section 14-12301, subsection E whether a respondent has a significant connection with a particular state, the court shall consider: 1. The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding. 2. The length of time the respondent at any time was physically present in the state and the duration of any absence.
A.R.S. § 14-12201(B)(1)-(2)The other two factors are property location and general ties to the state. For example, the court may look at voter registration, tax filings, and social relationships.
These definitions matter for anyone thinking about filing for guardianship. Knowing which state has jurisdiction helps avoid filing in the wrong place.