Three Situations That Trigger Special Jurisdiction
Sometimes the usual jurisdictional rules do not cover the situation, but a person still needs immediate help. This statute gives Arizona courts the authority to act in three narrow circumstances, 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 and only applies when the respondent is physically in Arizona. This covers situations like an out-of-state visitor who suffers a medical crisis and needs someone authorized to make decisions right away.
Property Protection and Interstate Transfers
The court can also issue a protective order over real or tangible personal property located in Arizona, regardless of where the respondent lives. If someone owns a home or other significant assets in the state, those assets can be placed under court protection even if the guardianship case is pending elsewhere.
The third ground covers proceedings transferred from another state under procedures similar to section 14-12301. When a court in another state issues a provisional order to move the case to Arizona, this provision gives Arizona the 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 respondent's home state court asks Arizona to dismiss the emergency case, Arizona must comply. The home state retains priority.
