Three Situations That Trigger Special Jurisdiction
Sometimes the usual rules do not cover the situation. A person may still need help right away. This statute gives courts the power to act in three narrow cases, even if the respondent's home state is somewhere else.
A court of this state lacking jurisdiction under section 14-12203 has special jurisdiction to do any of the following: 1. Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state.
A.R.S. § 14-12204(A)(1)The emergency appointment is temporary. It lasts no more than ninety days. It only applies when the respondent is physically in the state. For example, an out-of-state visitor who has a medical crisis may need someone to make decisions right away.
Property Protection and Interstate Transfers
The court can also issue a protective order over real or personal property in the state. This applies no matter where the respondent lives. If someone owns a home or other major assets here, those assets can be placed under court protection.
The third ground covers cases transferred from another state. When a court elsewhere issues a provisional order to move the case, this rule gives the receiving court authority to accept it.
If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
A.R.S. § 14-12204(B)That last point is important. If the home state court asks for dismissal, the court must comply. The home state keeps priority over the long-term case. This prevents competing orders about who has authority to act for the protected person.