How Arizona Receives a Transferred Case
When a person under guardianship or conservatorship moves to Arizona, the case does not transfer automatically. An interested person must petition an Arizona court to accept the proceeding. 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 be given to everyone who would be entitled to receive it if this were a brand-new guardianship petition in Arizona. That includes family members, interested parties in both the transferring state and Arizona.
Arizona's Review and Adaptation Process
The court first issues a provisional order granting the petition, unless someone objects and proves the transfer would harm the incapacitated or protected person, or the proposed guardian or conservator is ineligible to serve in Arizona.
Once the transferring state issues its final order, Arizona formally accepts the case and appoints the guardian or conservator. Arizona recognizes the original state's findings, including the determination of incapacity and the appointment itself.
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 of accepting the transfer, the court reviews whether the existing order needs changes to align with Arizona law. If the petition is denied, it does not prevent someone from seeking a new guardianship or conservatorship appointment through Arizona's standard process.