14-12302. Accepting guardianship or conservatorship transferred from another state

495 words·~2 min read·/az/title-14/14-12302

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

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.

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.