When a Transfer Becomes Necessary
People move. Families relocate. When someone under a guardianship or conservatorship leaves Arizona permanently, keeping the case in an Arizona court creates logistical problems. This statute provides a structured process for transferring the proceeding to the state where the person now lives or is expected to live.
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 satisfied that the person's care will continue without interruption. If anyone objects, the burden falls on the objector to show the transfer would harm the incapacitated or protected person.
Finalizing the Transfer
A transfer is not complete until both states act. Arizona enters a confirmation order and terminates its case only after receiving a certified copy of the other state's provisional order accepting the proceeding. The guardian or conservator must also provide any required accounting for the period they managed affairs under Arizona's jurisdiction.
For conservatorships specifically, the court also requires proof that adequate arrangements have been made to manage the protected person's property. This dual-court coordination ensures no gap in legal authority during the transition.