Title 33
Probate Practice and Procedure

Chapter 15.2
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

§ 33-15.2-301. Petition to transfer jurisdiction to another state.

(a) Following the appointment of a guardian or conservator, the guardian or conservator may petition the court to transfer the guardianship or conservatorship to another state.

(b) Notice of the petition to transfer a guardianship or conservatorship under subsection (a) of this section must be given by the petitioner to those persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.

(c) The court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue a temporary order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court finds that:

(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person;

(3) The court is satisfied that plans for care and services for the incapacitated person in the other state are reasonable and sufficient; and

(4) The court is satisfied that the guardianship will be accepted by the court to which the proceeding will be transferred.

(e) The court shall issue a temporary order granting a petition to transfer a conservatorship and shall direct the conservator to file a petition for conservatorship in the other state if the court finds that:

(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors set forth in § 33-15.2-201;

(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person;

(3) The court is satisfied that adequate arrangements will be made for management of the protected person’s property; and

(4) The court is satisfied that the conservatorship will be accepted by the court to which the proceeding will be transferred.

(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(1) A provisional or temporary order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 33-15.2-302; and

(2) The documents required to terminate a guardianship or conservatorship in this state.