Probate Practice and Procedure

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

SECTION 33-15.2-302

§ 33-15.2-302. Petition to accept proceeding transferred from another state.

(a) Upon issuance of a provisional or temporary order in another state to transfer a guardianship or conservatorship to this state under provisions similar to those in § 33-15.2-301, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship.

The petition must include a certified copy of the other state's provisional or temporary order and relevant file documents.

(b) Notice of a petition under subsection (a) to accept a guardianship or conservatorship from another state must be given by the petitioner to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the manner required by chapters 15 of title 33 and 22 of title 33.

(c) The court shall hold a hearing on a petition filed pursuant to subsection (a) to accept a guardianship or conservatorship from another state.

(d) If the court is satisfied with the documentation and evidence presented, the petition filed under subsection (a) shall be granted, unless an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person.

(e) No later than ninety (90) days after issuance of a permanent order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

(f) In approving a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator, if the guardian or conservator is eligible to act in this state, and the determination of the need for a guardian or conservator conforms to the law of this state.

(g) The denial of a petition filed under subsection (a) of this section to accept a guardianship or conservatorship from another state does not affect the ability of a guardian or conservator appointed by a court in another state to seek appointment as guardian of the incapacitated person or conservator of the protected person under chapter 15 of this title.

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