A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following is true:

Terms Used In Arizona Laws 14-12203

  • Court: means the superior court. See Arizona Laws 14-1201
  • court in this state: means the superior court. See Arizona Laws 14-12102
  • Home state: means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months before the filing of the petition. See Arizona Laws 14-12201
  • 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
  • Protective order: means an order appointing a conservator or other order related to management of an adult's property. See Arizona Laws 14-12102
  • Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Arizona Laws 14-12102
  • Significant-connection state: means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. See Arizona Laws 14-12201
  • 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
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

1. This state is the respondent’s home state.

2. On the date the petition is filed, this state is a significant-connection state and either:

(a) The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum.

(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:

(i) A petition for an appointment or order is not filed in the respondent’s home state.

(ii) An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.

(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in section 14-12206, subsection C.

3. This state does not have jurisdiction under either paragraph 1 or 2 of this section, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum and jurisdiction in this state is consistent with the constitutions of this state and the United States.

4. The requirements for special jurisdiction under section 14-12204 are met.

 

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