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A.R.S. § 14-5313

Where Guardianship Proceedings Take Place After Appointment

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

After a guardian is appointed, the court where the ward lives can handle follow-up matters. The original court keeps its authority too. This includes resignation, substitution, accounting, and changes to the guardian's role.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Concurrent Jurisdiction Between Courts

Guardianship does not always stay in the county where it started. People move, and wards relocate. When that happens, questions arise about which court handles ongoing matters.

The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed, over resignation, substitution, accounting and other proceedings relating to the guardianship including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed.

A.R.S. § 14-5313(A)

This means the ward's local court can handle follow-up matters. For example, it can replace a guardian, review financial accounts, or adjust the scope of authority. The original court keeps its authority too, so both courts can act.

How Courts Coordinate Across Locations

When the ward lives in a different county, the courts must talk to each other. The new court must notify the original court. Then they decide which location better serves the ward's needs.

If the court located at the place 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 shall determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interests of the ward.

A.R.S. § 14-5313(B)

The deciding factor is the ward's best interest. If the ward has moved and all their daily care happens in the new county, the local court often takes over.

Any orders about resignation, substitution, or changes to authority must go back to the original court. This keeps both records consistent.

A. The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed, over resignation, substitution, accounting and other proceedings relating to the guardianship including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed. B. If the court located at the place 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 shall determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interests of the ward. A copy of any order accepting a resignation, substituting a guardian or altering authority shall be sent to the court in which acceptance of appointment is filed.

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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