How to Transfer Guardianship to Arizona
Do you and your family need to move to Arizona from another state? When you have a loved one that you have guardianship over, this can add complexity to the moving process.
Fortunately, Arizona has a defined process for accepting guardianship transfers from other U.S. states that ensures you can continue to protect your loved one’s interests and welfare. The process involves getting approval from your original state, filing petitions, getting court approval, submitting the approval, and filing an annual report. An experienced guardianship attorney can guide you through the court process in Arizona to transfer your family’s guardianship from another state into Arizona.
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Does Arizona Recognize Guardianship from Another State?
Arizona allows guardians to transfer guardianship from another state when the guardian and their ward move to Arizona. However, the process for transferring guardianship will depend on whether the state where the guardianship currently exists has adopted the Uniform Probate Code as Arizona has, which ensures that the transferring state and Arizona have similar probate laws. When a state has significantly different guardianship laws, the Arizona courts may need to modify the guardianship to ensure it complies with Arizona law to transfer the guardianship into the state.
What Are the Legal Steps to Transfer a Guardianship from Another State to Arizona?
The steps for transferring a guardianship from another state to Arizona are:
Get Approval from Original State
The process begins by obtaining approval for the transfer from the courts of the state where the guardianship currently exists. The guardian must obtain a certified copy of a Provisional Order Authorizing Transfer to Arizona. They must also have a certified copy of their order or letters of appointment that made them guardian of their ward.
File Petition in Arizona
After the out-of-state court provisionally approves the transfer of guardianship to Arizona, the guardian must file a petition in Arizona asking the court to accept the guardianship. In most cases, the Arizona court will schedule a hearing on the petition to accept the transfer of guardianship.
Arizona law requires the ward to have separate legal counsel, so the guardian must obtain an attorney to represent the ward during the transfer proceedings. The guardian must then submit an “Order Appointing Attorney” documenting the attorney’s name and other information to the Probate Registrar. They must also serve notice of the petition for transfer to everyone entitled to notice under the other state’s and Arizona’s guardianship laws, such as the ward, any person currently serving as guardian or conservator, and the ward’s closest relatives.
Obtain Court Acceptance
The Arizona court may hold a non-appearance hearing if no one objects to the transfer, which means the guardian does not have to attend the hearing. If the court receives an objection to the transfer, it will hold an appearance hearing, which the guardian must attend. If the Arizona court accepts the transfer, it will issue an order provisionally granting the transfer and appointing the guardian to serve in the Arizona guardianship.
Submit Court Orders to Original State and Arizona
The guardian then must submit the Arizona court’s order to the other state for entry of a final order transferring guardianship from that state to Arizona and closing or terminating guardianship in that state. They may have to follow the procedures under the other state’s law for closing or terminating guardianship.
The guardian then must submit the transferring state’s final order to the Arizona court to request a final order accepting the transfer of guardianship. After accepting the transfer, the Arizona court will determine whether to modify the guardianship to conform with Arizona law.
Complete Annual Report
Finally, the guardian must file an annual report or accounting with the Arizona court within one year of the issuance of the provisional acceptance of transfer or letters of appointment.
Do I Need an Attorney to Transfer a Guardianship?
Arizona requires that a ward have independent legal representation during proceedings to transfer guardianship from another state. Although the guardian does not need an attorney to complete a transfer, having experienced legal guidance can make the process smoother and avoid issues or obstacles that complicate the transfer. An attorney can help you transfer your guardianship into Arizona by:
- Reviewing the circumstances of your case to determine the necessary steps for transfer
- Gathering the necessary documentation, including certified orders or letters of appointment documenting your status as guardian
- Helping you fill out and submit the required petitions and paperwork with the Arizona courts to transfer guardianship
- Coordinating with counsel in your old state as the courts in that state review your transfer petition
- Ensuring you correctly complete the transfer process, including filing the necessary annual report with the Arizona courts after the transfer
What Does It Cost to Transfer a Guardianship to Arizona?
Transferring guardianship from another state to Arizona will involve various expenses. First, Arizona courts charge filing and administrative fees to petition to establish guardianship in Arizona. The transferring state’s courts may also charge filing fees for the petitions necessary to transfer guardianship from that state to Arizona, including the petitions to close or terminate guardianship in the other state following the transfer.
There may be legal expenses, as well. Arizona law requires legal representation for a ward during transfer proceedings, which means paying legal fees to ensure the ward has an attorney. The guardian seeking to transfer guardianship to Arizona may also hire legal counsel in both the transferring state and Arizona to guide them through the transfer process in each jurisdiction, which may add to the legal fees required to complete the transfer of guardianship.
Contact an Arizona Guardianship Lawyer
When you need to move an incapacitated or vulnerable loved one to Arizona, you need experienced legal counsel to manage the process of transferring guardianship to the state. Mushkatel, Gobbato, & Kile, P.L.L.C. has more than 50 years of combined experience working for Arizona residents. According to clients, we always made sure they were “informed and understood exactly what was happening and the next steps.”
Contact us today for an initial consultation to discuss your situation with an experienced Arizona guardianship attorney. We look forward to helping you understand what to expect when moving a guardianship from another state to Arizona.
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About the Author
Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…
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