Probate Practice and Procedure

CHAPTER 33-15.2
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

SECTION 33-15.2-105

§ 33-15.2-105. Cooperation between courts.

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to:

(1) Hold an evidentiary hearing;

(2) Order a person in that state to produce or give evidence pursuant to procedures of that state;

(3) Order that an evaluation or assessment be made of the respondent, or order any appropriate investigation of a person involved in a proceeding;

(4) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subsection (a)(1) of this section or any other proceeding, any evidence otherwise presented under subsection (a)(2) of this section, and any evaluation or assessment prepared in compliance with the request under subsection (a)(3) of this section;

(5) Issue any other order necessary to assure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person; and

(6) Issue an order after a hearing, if requested, authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as amended, to the extent permitted by law other than this chapter.

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

History of Section.
(P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.)