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A.R.S. § 14-12203

Adult Guardianship Jurisdiction

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

Before a court can appoint a guardian or conservator, it must have jurisdiction. This statute sets out four grounds. The first is whether the state is the person's home state. The others cover cases where other states have declined to act.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

How the Court Decides Whether It Can Hear the Case

A guardianship case can involve people who have lived in more than one state. Family, property, and connections may span several places. This statute prevents conflicting orders from different courts by setting up a clear priority system.

Many states have adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). This act helps courts across state lines work together.

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following is true: 1. This state is the respondent's home state.

A.R.S. § 14-12203(1)

Home state is the strongest basis for jurisdiction. If the respondent has lived in the state for at least six months before the petition, it qualifies. If this is not the home state, the court can still act as a "significant-connection state." However, the home state must have declined first, or no petition can be pending there.

When No Other State Steps In

The statute also covers cases where no single state clearly qualifies as the home state. The court can act if doing so fits state law and constitutional rules.

The court may also use special jurisdiction under section 14-12204. This applies to emergencies or property located in the state.

Under the UAGPPJA, courts in different states can talk directly to each other. They decide together which court should handle the case. This helps avoid delays that could leave a vulnerable person without protection.

For families with a guardianship petition in more than one state, knowing which court has authority is the first step. Filing in the wrong state can delay things. As a result, a vulnerable adult may go without a guardian when they need one most.

14-12203. Jurisdiction A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following is true: 1. This state is the respondent's home state. 2. On the date the petition is filed, this state is a significant-connection state and either: (a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum. (b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order: (i) A petition for an appointment or order is not filed in the respondent's home state. (ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding. (iii) The court in this state concludes that it is an appropriate forum under the factors set forth in section 14-12206, subsection C. 3. This state does not have jurisdiction under either paragraph 1 or 2 of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum and jurisdiction in this state is consistent with the constitutions of this state and the United States. 4. The requirements for special jurisdiction under section 14-12204 are met.

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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