Title 14, Trusts, Estates and Protective Proceedings
13 chapters · 626 sections in this title.
A.R.S. § 14-12101 Short title
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This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
A.R.S. § 14-12102 Definitions
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In this chapter, unless the context otherwise requires: 1. "Adult" means an individual who is at least eighteen years of age. 2. "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 …
A.R.S. § 14-12103 International applications of act
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A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and articles 2, 3 and 5 of this chapter.
A.R.S. § 14-12104 Communication between courts
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A. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as provided in subsection B, the court shall make a record of the communication. …
A.R.S. § 14-12105 Cooperation between courts
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A. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: 1. Hold an evidentiary hearing. 2. Order a person in that state to produce evidence or give testimony pursuant to proc…
A.R.S. § 14-12106 Taking testimony in another state
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A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its …
A.R.S. § 14-12201 Definitions; significant connection factors
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A. In this article, unless the context otherwise requires: 1. "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 a…
A.R.S. § 14-12202 Exclusive basis
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This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
A.R.S. § 14-12203 Jurisdiction
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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: 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.R.S. § 14-12204 Special jurisdiction
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A. A court of this state lacking jurisdiction under section 14-12203 has special jurisdiction to do any of the following: 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 ord…
A.R.S. § 14-12205 Exclusive and continuing jurisdiction
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Except as otherwise provided in section 14-12204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires …
A.R.S. § 14-12206 Appropriate forum
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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. B. If a court of this state dec…
A.R.S. § 14-12207 Jurisdiction declined by reason of conduct
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A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: 1. Decline to exercise jurisdiction. 2. Exercise jurisdiction for the limited purpose of fashioning …
A.R.S. § 14-12208 Notice of proceeding
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If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…
A.R.S. § 14-12209 Proceedings in more than one state
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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 …
A.R.S. § 14-12301 Transfer of guardianship or conservatorship to another state
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A. Any interested person may petition the court to transfer the guardianship or conservatorship to another state. B. On the filing of a petition pursuant to subsection A of this section, the court in this state shall set a hearing on the petition and the petitioner shall give not…
A.R.S. § 14-12302 Accepting guardianship or conservatorship transferred from another state
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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 inclu…
A.R.S. § 14-12401 Registration of guardianship orders
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…
A.R.S. § 14-12402 Registration of protective orders
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If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…
A.R.S. § 14-12403 Effect of registration
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A. On registration of a guardianship or conservatorship or any other protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintain…
A.R.S. § 14-12501 Uniformity of application and construction
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In applying and construing this chapter, the courts shall consider the need to promote uniformity of the law with respect to its subject matter among the states that enact the uniform adult guardianship and protective proceedings jurisdiction act.
A.R.S. § 14-12502 Relation to electronic signatures in global and national commerce act
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This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act (15 United States Code section 7001, et sec.) but does not modify, limit or supersede section 101(c) of that act (15 United States Code section 7001(c)) or authorize electro…
A.R.S. § 14-12503 Transitional provision
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A. This chapter applies to guardianship and protective proceedings begun on or after the effective date of this chapter. B. Articles 1, 3 and 4 of this chapter and sections 14-12501 and 14-12502 apply to proceedings begun before the effective date of this chapter regardless of wh…