Bill Text: AZ HB2093 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Incapacitated persons; jurisdiction of court
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2014-04-17 - Senate Committee of the Whole action: Failed To Pass, voting: (12-16-2-0) [HB2093 Detail]
Download: Arizona-2014-HB2093-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2093 |
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AN ACT
Repealing section 14-5313, Arizona Revised Statutes; Amending title 14, chapter 5, article 3, Arizona Revised Statutes, by adding a new section 14‑5313; relating to guardians of incapacitated persons.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 14-5313, Arizona Revised Statutes, is repealed.
Sec. 2. Title 14, chapter 5, article 3, Arizona Revised Statutes, is amended by adding a new section 14-5313, to read:
14-5313. Proceedings subsequent to appointment; transfer of venue
A. The court at the place where the ward resides for a period of at least two years shall assume jurisdiction from the court that appointed the guardian, or in which acceptance of a parental or spousal appointment was filed, over resignation, substitution, accounting and other proceedings relating to the guardianship, including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed.
B. If the court located at the place where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall contact the other court, within this state, to transfer the proceedings to the court where the ward resides. Transfer of jurisdiction in this manner is presumptively in the best interests of the ward. A copy of any order accepting a resignation, substituting a guardian or altering authority shall be sent to the court in which acceptance of appointment was originally filed. If a public fiduciary has been appointed to serve as guardian, the authority to act as guardian may, in the subsequent court's discretion, also transfer from the original county to the public fiduciary in the county where the ward now resides.
C. If the court located at the place where the ward resides is not the court in which acceptance of appointment is filed and the court in which acceptance of appointment was filed is in another state, the court in which proceedings subsequent to appointment are commenced in all appropriate cases shall notify the other court in the other state and after consultation with that court shall determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interests of the ward. Transfer of jurisdiction to the court where the ward is located is presumptively in the best interests of the ward. A copy of any order accepting a resignation, substituting a guardian or altering authority shall be sent to the court in which acceptance of appointment is filed.
