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A.R.S. § 14-12205

Continuing Guardianship Jurisdiction

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

Once a court appoints a guardian or conservator, that court keeps sole authority over the case. No other state can issue a competing order. The court stays in charge until it ends the case or the appointment expires on its own.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

Why One Court Stays in Charge

Guardianship cases are not one-time events. They involve ongoing oversight and periodic reviews. Sometimes courts must modify orders as the protected person's needs change. This statute makes sure one court keeps the case from start to finish.

Except as otherwise provided in section 14-12204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

A.R.S. § 14-12205

"Exclusive" means no other state court can issue a conflicting order for the same person. "Continuing" means the court does not lose authority just because time passes or the protected person moves.

This approach mirrors child custody rules. Just as a custody order stays with the court that made it, a guardianship order stays with the appointing court. The goal is the same: prevent competing orders and provide stability.

The One Exception

The statute carves out an exception for special jurisdiction under section 14-12204. Another state can still act in a genuine emergency. For example, it may appoint a temporary guardian for up to ninety days. However, the original court keeps the permanent case.

A strong connection to the home state supports the court's continuing authority. Even if the protected person moves, the original court keeps control. It only gives up authority if it formally transfers or ends the case. This structure prevents harm from competing orders about the same person.

14-12205. Exclusive and continuing jurisdiction Except as otherwise provided in section 14-12204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

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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