Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 14-12204, subsection A, paragraph 1 or 2, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

Terms Used In Arizona Laws 14-12209

  • Court: means the superior court. See Arizona Laws 14-1201
  • court in this state: means the superior court. See Arizona Laws 14-12102
  • 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
  • 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
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Protective order: means an order appointing a conservator or other order related to management of an adult's property. 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. If the court in this state has jurisdiction under section 14-12203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to those prescribed in section 14-12203 before the appointment or issuance of the order.

2. If the court in this state does not have jurisdiction under section 14-12203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

 

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