A. A court of this state lacking jurisdiction under section 14-12203 has special jurisdiction to do any of the following:

Terms Used In Arizona Laws 14-12204

  • 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
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Emergency: means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. See Arizona Laws 14-12201
  • 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
  • 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
  • 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
  • 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
  • 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

1. Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state.

2. Issue a protective order with respect to real or tangible personal property located in this state.

3. Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 14-12301.

B. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

 

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