Three Terms That Control Jurisdiction
Before a court can decide whether it has authority to appoint a guardian or issue a protective order, it needs a shared vocabulary. This statute provides three foundational definitions that drive jurisdictional decisions across the entire chapter.
"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" definition works much like it does in child custody law. Six consecutive months of physical presence, including temporary absences, establishes a home state. If the person has not been in any state for six months before filing, the statute looks back further to find a state where they had six consecutive months within the prior six-month window.
An "emergency" is defined as a circumstance likely to cause substantial harm to a respondent's health, safety, or welfare, where no other person has authority and is willing to act. A "significant-connection state" is any state, other than the home state, where the respondent has meaningful ties beyond just being physically present.
How Courts Measure Significant Connections
When determining whether a respondent has a significant connection to a particular state, the court considers four specific factors.
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 remaining factors include the location of the respondent's property and the extent of other ties such as voter registration, tax filings, vehicle registration, driver license, social relationships, and receipt of services. These factors give the court a practical, real-world picture of where the respondent's life is centered, which helps prevent jurisdictional disputes between states.
