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A.R.S. § 14-12201

Guardianship Jurisdiction Definitions

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

Arizona law defines three key terms for guardianship jurisdiction: 'emergency,' 'home state,' and 'significant-connection state.' Courts use these terms to decide which state handles a case.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

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.

14-12201. Definitions; significant connection factors A. In this article, unless the context otherwise requires: 1. "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. 2. "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. 3. "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. B. 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. 3. The location of the respondent's property. 4. The extent to which the respondent has ties to the state such as voter registration, state or local tax return filing, vehicle registration, driver license, social relationship and receipt of services.

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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