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A.R.S. § 14-12302

Accepting a Transferred Guardianship

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

When a guardianship moves here from another state, the case does not transfer on its own. Someone must file a petition with a certified copy of the transfer order. The court may then change the order to fit local law.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

How the Court Receives a Transferred Case

When a person under guardianship moves here, the case does not follow on its own. Someone must petition the court to accept the case. The petition must include a certified copy of the other state's transfer order.

To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those prescribed in section 14-12301, an interested person may petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's order authorizing the guardian or conservator to petition the court of this state for guardianship, conservatorship or other protective order.

A.R.S. § 14-12302(A)

Notice must go to everyone who would get it for a brand-new case. This means family members and other parties in both states.

Review and Adaptation Process

The court first issues a temporary order granting the petition. It does so unless someone objects and shows the transfer would cause harm. The court also checks whether the proposed guardian can serve here.

Once the other state issues its final order, the court here formally accepts the case. It then appoints the guardian or conservator and honors the original state's findings.

Not later than ninety days after entry of an order accepting transfer of a guardianship or conservatorship, the court in this state shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

A.R.S. § 14-12302(F)

Within 90 days, the court reviews whether the order needs changes to fit local law. If the petition is denied, someone can still seek a new appointment through the standard process.

14-12302. Accepting guardianship or conservatorship transferred from another state A. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those prescribed in section 14-12301, an interested person may petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's order authorizing the guardian or conservator to petition the court of this state for guardianship, conservatorship or other protective order. B. Notice of a petition under subsection A of this section must be given to those persons who would be entitled to notice if the petition were a petition for the appointment of a guardian or entry of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice of initial guardianship proceedings and protective proceedings is required to be given pursuant to chapter 5 of this title. C. On the court's own motion or on the filing of an objection to a petition pursuant to subsection A of this section, the hearing on a petition filed pursuant to subsection A of this section shall be set as an appearance hearing, otherwise the hearing shall be set as a nonappearance hearing. D. After the hearing held pursuant to subsection C of this section, the court in this state shall enter an order provisionally granting a petition filed under subsection A of this section unless either: 1. An objection to the petition is made and the objector establishes that transfer of the proceeding would be contrary to the best interests of the incapacitated or protected person. 2. The proposed guardian or the proposed conservator is ineligible for appointment in this state. E. The court in this state shall enter an order accepting the proceeding and appointing a guardian or conservator in this state on its receipt from the court from which the proceeding is be...

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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