14-12301

14-12301. Transfer of guardianship or
conservatorship to another state

A. Any interested person may petition the court to transfer the guardianship or
conservatorship to another state.

B. On the filing of a petition pursuant to subsection A of this section, the court
in this state shall set a hearing on the petition and the petitioner shall give notice of
the hearing to the persons who pursuant to chapter 5 of this title would be entitled to
notice of the hearing on a petition for the appointment of a guardian or conservator.

C. On the court's own motion or on the filing of an objection to a petition filed
pursuant to subsection B of this section, the hearing on a petition filed pursuant to
subsection A of this section shall be set as an appearance hearing, otherwise the hearing
shall be set as a nonappearance hearing.

D. After the hearing held pursuant to subsection C of this section, the court in
this state shall enter an order authorizing the guardian or another appropriate person to
petition for guardianship in the other state if the court in this state finds all of the
following:

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. Plans for care and services for the incapacitated person in the other state are
reasonable and sufficient.

E. After the hearing held pursuant to subsection C of this section, the court in
this state shall enter an order authorizing the conservator or another appropriate person
to petition for conservatorship in the other state if the court finds all of the
following:

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 prescribed in section 14-12201, subsection B.

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. Adequate arrangements will be made for management of the protected person's
property.

F. After notice and a hearing, the court in this state shall enter an order
confirming the transfer and terminating the guardianship or conservatorship on its
receipt of both of the following:

1. A certified copy of the letters of office or other authority indicating
appointment of a guardian or conservator, or both, issued by the appropriate authority in
the state to which the proceeding is to be transferred.

2. The documents required to terminate a guardianship or conservatorship in this
state, including any required accounting for the period of administration before the
transfer of jurisdiction.