14-12302

14-12302. Accepting guardianship or
conservatorship transferred from another state

A. To confirm transfer of a guardianship or conservatorship transferred to this
state under provisions similar to those prescribed in section 14-12301, an interested
person may petition the court in this state to accept the guardianship or
conservatorship. The petition must include a certified copy of the other state's order
authorizing the guardian or conservator to petition the court of this state for
guardianship, conservatorship or other protective order.

B. Notice of a petition under subsection A of this section must be given to those
persons who would be entitled to notice if the petition were a petition for the
appointment of a guardian or entry of a protective order in both the transferring state
and this state. The notice must be given in the same manner as notice of initial
guardianship proceedings and protective proceedings is required to be given pursuant to
chapter 5 of this title.

C. On the court's own motion or on the filing of an objection to a petition
pursuant to subsection A 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 provisionally granting a petition filed under subsection
A of this section unless either:

1. An objection to the petition is made and the objector establishes that transfer
of the proceeding would be contrary to the best interests of the incapacitated or
protected person.

2. The proposed guardian or the proposed conservator is ineligible for appointment
in this state.

E. The court in this state shall enter an order accepting the proceeding and
appointing a guardian or conservator in this state on its receipt from the court from
which the proceeding is being transferred of a final order issued under provisions
similar to section 14-12301 transferring the proceeding to this state.

F. Not later than ninety days after entry of an order accepting transfer of a
guardianship or conservatorship, the court in this state shall determine whether the
guardianship or conservatorship needs to be modified to conform to the law of this state.

G. In granting a petition under this section, the court in this state 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.

H. The denial by a court of this state of a petition to accept a guardianship or
conservatorship transferred from another state does not affect the ability of an
interested person to seek appointment as a guardian or conservator in this state under
chapter 5 of this title if the court in this state has jurisdiction to make an
appointment other than by reason of the order of another state's court authorizing the
transfer of the guardianship or conservatorship.