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A.R.S. § 14-5302

Where Guardianship Proceedings Are Filed in Arizona

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

Arizona guardianship proceedings must be filed in the county where the incapacitated person lives or is physically present. If the person was admitted to a facility by court order, the case can also be filed in the county where that court sits.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Filing in the Right County

Venue matters. Filing a guardianship petition in the wrong county can delay the entire process. Arizona law keeps it straightforward: the petition goes to the county where the incapacitated person resides or is currently located.

The venue for guardianship proceedings for an incapacitated person is in the county where the incapacitated person resides or is present.

A.R.S. § 14-5302

This rule means the case stays close to the person who needs protection. If someone lives in Maricopa County, the guardianship petition is filed there. If they are temporarily staying in Pima County for medical treatment, the petition can be filed in Pima County as well.

When a Court-Ordered Placement Changes the Equation

There is one additional option. If the incapacitated person was placed in a facility through an order from a court of competent jurisdiction, the guardianship case can also be filed in the county where that ordering court is located. This provides flexibility when the person's physical location and the court that placed them are in different counties.

For families navigating guardianship, understanding where to file is the first practical step. Partner attorneys familiar with Arizona's probate courts can help determine the correct venue and avoid procedural delays.

The venue for guardianship proceedings for an incapacitated person is in the county where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
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

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.

What is probate, and how long does it take in Arizona?

Probate is a court-supervised process that validates a will, pays debts, and distributes assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000 in fees.

Related Statutes

§ 14-5301.02How a Guardian Is Appointed for an Incapacitated Adult in Arizona
§ 14-5304What the Court Must Find Before Appointing a Guardian in Arizona
§ 14-5303Court Procedure for Appointing a Guardian in Arizona

Related Services

Court-appointed protection for vulnerable individuals

Guardianship & Conservatorship

When a loved one can no longer manage their own affairs due to incapacity, guardianship and conservatorship provide a legal framework for their care and financial protection.

Learn more
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