A.R.S. § 14-12207

When a Court Declines Guardianship Jurisdiction Due to Misconduct

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

If a court determines that someone improperly manipulated the system to create jurisdiction in Arizona, the court can refuse to hear the case, limit its involvement to protecting the respondent, or continue the case after weighing specific factors. The party responsible for the misconduct may also be ordered to pay expenses and attorney fees.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

What Counts as Unjustifiable Conduct

This statute addresses a serious problem: forum shopping by someone who moves or manipulates the respondent's location to gain a jurisdictional advantage. When the court finds that its jurisdiction was acquired through unjustifiable conduct, it has several options.

If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: 1. Decline to exercise jurisdiction. 2. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property.

A.R.S. § 14-12207(A)(1)-(2)

The court can step back entirely, or it can stay involved just long enough to make sure the respondent is safe. That might mean issuing temporary protections while a petition is filed in a more appropriate state.

Continuing Despite Misconduct

In some cases, the court may decide to keep the case even though jurisdiction was improperly obtained. Before doing so, it must consider whether the respondent and all notified parties have accepted the court's authority, whether Arizona is still the most appropriate forum under the factors in section 14-12206, and whether any other state would have jurisdiction under the standard rules.

The statute also has teeth when it comes to consequences. A party whose unjustifiable conduct created the jurisdictional problem can be ordered to pay attorney fees, investigative costs, court costs, and travel expenses. This discourages people from moving a vulnerable person across state lines just to gain a more favorable court.

If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.

A.R.S. § 14-12207(B)

14-12207. Jurisdiction declined by reason of conduct A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: 1. Decline to exercise jurisdiction. 2. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction. 3. Continue to exercise jurisdiction after considering: (a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction. (b) Whether it is a more appropriate forum than the court of any other state under the factors prescribed in section 14-12206, subsection C. (c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards prescribed in section 14-12203. B. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than this chapter.

View on azleg.gov

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.

Related Statutes

§ 14-12101Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act in Arizona

§ 14-12102Key Definitions in Arizona's Adult Guardianship Jurisdiction Act

§ 14-12103International Applications of Arizona's Guardianship Jurisdiction Act

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