When a Transfer Becomes Necessary
People move. Families relocate. When someone under guardianship leaves this state for good, keeping the case here causes problems.
This statute lays out a clear process for moving the case to another state. Any interested person may file a motion to begin the transfer.
After the hearing held pursuant to subsection C of this section, the court in this state shall enter an order authorizing the guardian or another appropriate person to petition for guardianship in the other state if the court in this state finds all of the following: 1. The incapacitated person is physically present in or is reasonably expected to move permanently to the other state. 2. An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person. 3. Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
A.R.S. § 14-12301(D)The court will not approve a transfer unless it is sure care will continue. If anyone objects, that person must show the transfer would cause harm.
Finalizing the Transfer
A transfer is not complete until both states act. This state ends its case only after it gets a certified copy of the new state's order.
The guardian or conservator must also turn in any required accounting. This covers the time they managed affairs here.
For conservatorship transfers, the court also needs proof that someone will manage the person's property. In other words, both courts work together so there is no gap in legal authority.
Families thinking about a move should plan ahead. This process takes time in both court systems. Starting early helps avoid a lapse in authority during the move.