Arizona Laws 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.
Terms Used In Arizona Laws 14-12302
- 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
- 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
- Protected person: means an adult for whom a protective order has been issued. See Arizona Laws 14-12102
- Protective order: means an order appointing a conservator or other order related to management of an adult's property. 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. 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.