14-12301. Transfer of guardianship or conservatorship to another state

468 words·~2 min read·/az/title-14/14-12301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Any interested person may petition the court to transfer the guardianship or conservatorship to another state.

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.