A. A court of this state that has jurisdiction under section 14-12203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

Terms Used In Arizona Laws 14-12206

  • 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
  • Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Arizona Laws 14-1201
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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.
  • 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

B. If a court of this state declines to exercise its jurisdiction under subsection A of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

C. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

1. Any expressed preference of the respondent.

2. Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation.

3. The length of time the respondent was physically present in or was a legal resident of this state or another state.

4. The distance of the respondent from the court in each state.

5. The financial circumstances of the respondent’s estate.

6. The nature and location of the evidence.

7. The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.

8. The familiarity of the court of each state with the facts and issues in the proceeding.

9. If an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.

 

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