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A.R.S. § 14-12302

Accepting a Guardianship or Conservatorship Transferred to Arizona

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

When a guardianship or conservatorship is transferred to Arizona from another state, this statute outlines how Arizona's court accepts the proceeding. The process involves filing a petition, notifying interested parties, and potentially modifying the order to comply with Arizona law.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

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.

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 being transferred of a final order issued under provisions similar to section 14-12301 transferring the proceeding to this state. F. 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. G. In granting a petition under this section, the court in this state shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator. H. The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of an interested person to seek appointment as a guardian or conservator in this state under chapter 5 of this title if the court in this state has jurisdiction to make an appointment other than by reason of the order of another state's court authorizing the transfer of the guardianship or conservatorship.
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 Questions

Why do I need a Financial Power of Attorney?

Without a Financial Power of Attorney, your family may face a costly conservatorship to manage your finances. This document lets you choose who handles your money and when their authority begins.

How do guardianship and conservatorship proceedings work in Arizona?

Both require filing with the Arizona Superior Court, medical evidence of incapacity, and a judge's approval. The process takes months and costs thousands. Powers of attorney accomplish the same goals without court involvement.

Related Statutes

§ 14-12301Transferring an Arizona Guardianship or Conservatorship to Another State
§ 14-12209Guardianship Proceedings Filed in More Than One State
§ 14-12101Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act in Arizona
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