Concurrent Jurisdiction Between Courts
Families move. Children relocate with guardians. When a ward lives in a different county from where the guardianship was originally established, a question arises: which court handles future proceedings? Arizona answers that question by granting concurrent jurisdiction.
The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.
A.R.S. § 14-5211(A)This means either court can handle matters like resignation, removal, and accounting. The goal is to make guardianship proceedings accessible without requiring families to travel back to the original county every time something needs to change.
Courts Must Coordinate in the Ward's Best Interest
When a new proceeding begins in a different court, that court is required to notify the original court. The two courts then consult with each other and decide which one should keep the case. The deciding factor is straightforward: whichever court placement serves the ward's best interest wins.
If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interests of the ward.
A.R.S. § 14-5211(B)This coordination requirement prevents conflicting orders from two different courts and ensures continuity for the ward. If a guardian resigns or is removed, a copy of that order is sent back to the original court so the records stay consistent.