Arizona Laws 14-12301. Transfer of guardianship or conservatorship to another state
A. Any interested person may petition the court to transfer the guardianship or conservatorship to another state.
Terms Used In Arizona Laws 14-12301
- Conservator: means a person appointed by the court to manage the estate of an adult protected person, including a person appointed under chapter 5 of this title. See Arizona Laws 14-12102
- Court: means the superior court. See Arizona Laws 14-1201
- court in this state: means the superior court. See Arizona Laws 14-12102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of an incapacitated person pursuant to testamentary or court appointment and includes a person who is appointed under chapter 5, article 3 of this title. See Arizona Laws 14-12102
- Incapacitated: means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause. See Arizona Laws 14-9101
- Incapacitated person: means an adult for whom a guardian has been appointed. See Arizona Laws 14-12102
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Interested person: includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. See Arizona Laws 14-1201
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Petition: means a written request to the court for an order after notice. See Arizona Laws 14-1201
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Property: includes both real and personal property. See Arizona Laws 1-215
- Protected person: means an adult for whom a protective order has been issued. See Arizona Laws 14-12102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 14-12102
B. On the filing of a petition pursuant to subsection A of this section, the court in this state shall set a hearing on the petition and the petitioner shall give notice of the hearing to the persons who pursuant to chapter 5 of this title would be entitled to notice of the hearing on a petition for the appointment of a guardian or conservator.
C. On the court’s own motion or on the filing of an objection to a petition filed pursuant to subsection B 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 authorizing the guardian or another appropriate person to petition for guardianship in the other state if the court in this state finds all of the following:
1. The incapacitated person is physically present in or is reasonably expected to move permanently to the other state.
2. An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person.
3. Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
E. After the hearing held pursuant to subsection C of this section, the court in this state shall enter an order authorizing the conservator or another appropriate person to petition for conservatorship in the other state if the court finds all of the following:
1. The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors prescribed in section 14-12201, subsection B.
2. An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person.
3. Adequate arrangements will be made for management of the protected person’s property.
F. The court shall enter an order confirming the transfer and terminating the guardianship or conservatorship on its receipt of both of the following:
1. A certified copy of the provisional order accepting the proceeding from the court to which the proceeding is to be transferred under provisions that are similar to section 14-12302.
2. The documents required to terminate a guardianship or conservatorship in this state, including any required accounting for the period of administration before the transfer of jurisdiction.