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CHAPTER 28-35UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGSJURISDICTION ACT28-35-01. (102) Definitions. In this chapter:1.&quot;Adult&quot; means an individual who has attained eighteen years of age.2.&quot;Conservator&quot; means a person appointed by the court to administer the property of<br>an adult, including a person appointed under chapter 30.1-29.3.&quot;Guardian&quot; means a person appointed by the court to make decisions regarding the<br>person of an adult, including a person appointed under chapter 30.1-28.4.&quot;Guardianship order&quot; means an order appointing a guardian.5.&quot;Guardianship proceeding&quot; means a judicial proceeding in which an order for the<br>appointment of a guardian is sought or has been issued.6.&quot;Incapacitated person&quot; means an adult for whom a guardian has been appointed.7.&quot;Party&quot; means the respondent, petitioner, guardian, conservator, or any other person<br>allowed by the court to participate in a guardianship or protective proceeding.8.&quot;Person&quot;, except in the term incapacitated person or protected person, means an<br>individual, corporation, business trust, estate, trust, partnership, limited liability<br>company, association, joint venture, public corporation, government or governmental<br>subdivision, agency, or instrumentality, or any other legal or commercial entity.9.&quot;Protected person&quot; means an adult for whom a protective order has been issued.10.&quot;Protective order&quot; means an order appointing a conservator or other order related to<br>management of an adult's property.11.&quot;Protective proceeding&quot; means a judicial proceeding in which a protective order is<br>sought or has been issued.12.&quot;Record&quot; means information that is inscribed on a tangible medium or that is stored<br>in an electronic or other medium and is retrievable in perceivable form.13.&quot;Respondent&quot; means an adult for whom a protective order or the appointment of a<br>guardian is sought.14.&quot;State&quot; means a state of the United States, the District of Columbia, Puerto Rico, the<br>United States Virgin Islands, a federally recognized Indian tribe, or any territory or<br>insular possession subject to the jurisdiction of the United States.28-35-02. (103) International application of chapter. A court of this state may treat aforeign country as if it were a state for the purpose of applying sections 28-35-01, 28-35-02,<br>28-35-03, 28-35-04, 28-35-05, 28-35-06, 28-35-07, 28-35-08, 28-35-09, 28-35-10, 28-35-11,<br>28-35-12, 28-35-13, 28-35-14, 28-35-15, 28-35-16, and 28-35-20.28-35-03. (104) Communication between courts.1.A court of this state may communicate with a court in another state concerning a<br>proceeding arising under this chapter. The court may allow the parties to participate<br>in the communication. Except as otherwise provided in subsection 2, the court shallPage No. 1make a record of the communication. The record may be limited to the fact that the<br>communication occurred.2.Courts may communicate concerning schedules, calendars, court records, and other<br>administrative matters without making a record.28-35-04. (105) Cooperation between courts.1.In a guardianship or protective proceeding in this state, a court of this state may<br>request the appropriate court of another state to do any of the following:a.Hold an evidentiary hearing;b.Order a person in that state to produce evidence or give testimony pursuant to<br>procedures of that state;c.Order that an evaluation or assessment be made of the respondent;d.Order any appropriate investigation of a person involved in a proceeding;e.Forward to the court of this state a certified copy of the transcript or other<br>record of a hearing under subdivision a or any other proceeding, any evidence<br>otherwise produced under subdivision b, and any evaluation or assessment<br>prepared in compliance with an order under subdivision c or d;f.Issue any order necessary to assure the appearance in the proceeding of a<br>person whose presence is necessary for the court to make a determination,<br>including the respondent or the incapacitated or protected person; org.Issue an order authorizing the release of medical, financial, criminal, or other<br>relevant information in that state, including protected health information as<br>defined in title 45, Code of Federal Regulations, part 164, section 504.2.If a court of another state in which a guardianship or protective proceeding is<br>pending requests assistance of the kind provided in subsection 1, a court of this<br>state has jurisdiction for the limited purpose of granting the request or making<br>reasonable efforts to comply with the request.28-35-05. (106) Taking testimony in another state.1.In a guardianship or protective proceeding, in addition to other procedures that may<br>be available, testimony of a witness who is located in another state may be offered<br>by deposition or other means allowable in this state for testimony taken in another<br>state. The court on its own motion may order that the testimony of a witness be<br>taken in another state and may prescribe the manner in which and the terms upon<br>which the testimony is to be taken.2.In a guardianship or protective proceeding, a court in this state may permit a witness<br>located in another state to be deposed or to testify by telephone or audiovisual or<br>other electronic means. A court of this state shall cooperate with the court of the<br>other state in designating an appropriate location for the deposition or testimony.3.Documentary evidence transmitted from another state to a court of this state by<br>technological means that do not produce an original writing may not be excluded<br>from evidence on an objection based on the best evidence rule.28-35-06. (201) Definitions - Significant connection factors.Page No. 21.In sections 28-35-06, 28-35-07, 28-35-08, 28-35-09, 28-35-10, 28-35-11, 28-35-12,<br>28-35-13, and 28-35-14:a.&quot;Emergency&quot; means a circumstance that likely will result in substantial harm to<br>a respondent's health, safety, or welfare, and for which the appointment of a<br>guardian is necessary because no other person has authority and is willing to<br>act on the respondent's behalf.b.&quot;Home state&quot; means the state in which the respondent was physically present,<br>including any period of temporary absence, for at least six consecutive months<br>immediately before the filing of a petition for a protective order or the<br>appointment of a guardian; or if none, the state in which the respondent was<br>physically present, including any period of temporary absence, for at least six<br>consecutive months ending within the six months prior to the filing of the<br>petition.c.&quot;Significant-connection state&quot; means a state, other than the home state, with<br>which a respondent has a significant connection other than mere physical<br>presence and in which substantial evidence concerning the respondent is<br>available.2.In determining under sections 28-35-08 and subsection 5 of section 28-35-15<br>whether a respondent has a significant connection with a particular state, the court<br>shall consider:a.The location of the respondent's family and other persons required to be<br>notified of the guardianship or protective proceeding;b.The length of time the respondent at any time was physically present in the<br>state and the duration of any absence;c.The location of the respondent's property; andd.The extent to which the respondent has ties to the state such as voting<br>registration, state or local tax return filing, vehicle registration, driver's license,<br>social relationship, and receipt of services.28-35-07. (202) Exclusive basis. Sections 28-35-06, 28-35-07, 28-35-08, 28-35-09,28-35-10, 28-35-11, 28-35-12, 28-35-13, and 28-35-14 provide the exclusive jurisdictional basis<br>for a court of this state to appoint a guardian or issue a protective order for an adult.28-35-08. (203) Jurisdiction. A court of this state has jurisdiction to appoint a guardianor issue a protective order for a respondent if:1.This state is the respondent's home state;2.On the date the petition is filed, this state is a significant-connection state and:a.The respondent does not have a home state or a court of the respondent's<br>home state has declined to exercise jurisdiction because this state is a more<br>appropriate forum; orb.The respondent has a home state, a petition for an appointment or order is not<br>pending in a court of that state or another significant-connection state, and,<br>before the court makes the appointment or issues the order:(1)A petition for an appointment or order is not filed in the respondent's<br>home state;Page No. 3(2)An objection to the court's jurisdiction is not filed by a person required to<br>be notified of the proceeding; and(3)The court in this state concludes that it is an appropriate forum under the<br>factors set forth in section 28-35-11;3.This state does not have jurisdiction under either subsection 1 or 2, the respondent's<br>home state and all significant-connection states have declined to exercise<br>jurisdiction because this state is the more appropriate forum, and jurisdiction in this<br>state is consistent with the constitutions of this state and the United States; or4.The requirements for special jurisdiction under section 28-35-09 are met.28-35-09. (204) Special jurisdiction.1.A court of this state lacking jurisdiction under section 28-35-08 has special<br>jurisdiction to do any of the following:a.Appoint a guardian in an emergency for a term not exceeding ninety days for a<br>respondent who is physically present in this state;b.Issue a protective order with respect to real or tangible personal property<br>located in this state; orc.Appoint a guardian or conservator for an incapacitated or protected person for<br>whom a provisional order to transfer the proceeding from another state has<br>been issued under procedures similar to section 28-35-15.2.If a petition for the appointment of a guardian in an emergency is brought in this<br>state and this state was not the respondent's home state on the date the petition was<br>filed, the court shall dismiss the proceeding at the request of the court of the home<br>state, if any, whether dismissal is requested before or after the emergency<br>appointment.28-35-10. (205) Exclusive and continuing jurisdiction. Except as otherwise providedin section 28-35-09, a court that has appointed a guardian or issued a protective order consistent<br>with this chapter has exclusive and continuing jurisdiction over the proceeding until the<br>appointment or order is terminated by the court or the appointment or order expires by its own<br>terms.28-35-11. (206) Appropriate forum.1.A court of this state having jurisdiction under section 28-35-08 to appoint a guardian<br>or issue a protective order may decline to exercise its jurisdiction if the court<br>determines at any time that a court of another state is a more appropriate forum.2.If a court of this state declines to exercise its jurisdiction under subsection 1, the<br>court shall either dismiss or stay the proceeding.The court may impose anycondition the court considers just and proper, including the condition that a petition<br>for the appointment of a guardian or issuance of a protective order be filed promptly<br>in another state.3.In determining whether a court is an appropriate forum, the court shall consider all<br>relevant factors, including:a.Any expressed preference of the respondent;Page No. 4b.Whether abuse, neglect, or exploitation of the respondent has occurred or is<br>likely to occur and which state could best protect the respondent from the<br>abuse, neglect, or exploitation;c.The length of time the respondent was physically present in or was a legal<br>resident of this or another state;d.The distance of the respondent from the court in each state;e.The financial circumstances of the respondent's estate;f.The nature and location of the evidence;g.The ability of the court in each state to decide the issue expeditiously and the<br>procedures necessary to present evidence;h.The familiarity of the court of each state with the facts and issues in the<br>proceeding; andi.If an appointment were made, the court's ability to monitor the conduct of the<br>guardian or conservator.28-35-12. (207) Jurisdiction declined by reason of conduct.1.If at any time a court of this state determines that the court acquired jurisdiction to<br>appoint a guardian or issue a protective order because of unjustifiable conduct, the<br>court may:a.Decline to exercise jurisdiction;b.Exercise jurisdiction for the limited purpose of fashioning an appropriate<br>remedy to ensure the health, safety, and welfare of the respondent or the<br>protection of the respondent's property or prevent a repetition of the<br>unjustifiable conduct, including staying the proceeding until a petition for the<br>appointment of a guardian or issuance of a protective order is filed in a court of<br>another state having jurisdiction; orc.Continue to exercise jurisdiction after considering:(1)The extent to which the respondent and all persons required to be<br>notified of the proceedings have acquiesced in the exercise of the court's<br>jurisdiction;(2)Whether it is a more appropriate forum than the court of any other state<br>under the factors set forth in subsection 3 of section 28-35-11; and(3)Whether the court of any other state would have jurisdiction under factual<br>circumstances in substantial conformity with the jurisdictional standards<br>of section 28-35-09.2.If a court of this state determines that the court acquired jurisdiction to appoint a<br>guardian or issue a protective order because a party seeking to invoke its jurisdiction<br>engaged in unjustifiable conduct, the court may assess against that party necessary<br>and reasonable expenses, including attorney's fees, investigative fees, court costs,<br>communication expenses, witness fees and expenses, and travel expenses. The<br>court may not assess fees, costs, or expenses of any kind against this state or a<br>governmental subdivision, agency, or instrumentality of this state unless authorized<br>by law other than this chapter.Page No. 528-35-13. (208) Notice of proceeding. If a petition for the appointment of a guardian orissuance of a protective order is brought in this state and this state was not the respondent's<br>home state on the date the petition was filed, in addition to complying with the notice<br>requirements of this state, notice of the petition must be given to those persons who would be<br>entitled to notice of the petition if a proceeding were brought in the respondent's home state. The<br>notice must be given in the same manner as notice is required to be given in this state.28-35-14. (209) Proceedings in more than one state. Except for a petition for theappointment of a guardian in an emergency or issuance of a protective order limited to property<br>located in this state under subdivision a or b of subsection 1 of section 28-35-09, if a petition for<br>the appointment of a guardian or issuance of a protective order is filed in this state and in another<br>state and neither petition has been dismissed or withdrawn, the following rules apply:1.If the court in this state has jurisdiction under section 28-35-08, the court may<br>proceed with the case unless a court in another state acquires jurisdiction under<br>provisions similar to section 28-35-09 before the appointment or issuance of the<br>order.2.If the court in this state does not have jurisdiction under section 28-35-08, whether at<br>the time the petition is filed or at any time before the appointment or issuance of the<br>order, the court shall stay the proceeding and communicate with the court in the<br>other state. If the court in the other state has jurisdiction, the court in this state shall<br>dismiss the petition unless the court in the other state determines that the court in<br>this state is a more appropriate forum.28-35-15. (301) Transfer of guardianship or conservatorship to another state.1.A guardian or conservator appointed in this state may petition the court to transfer<br>the guardianship or conservatorship to another state.2.Notice of a petition under subsection 1 must be given to the persons that would be<br>entitled to notice of a petition in this state for the appointment of a guardian or<br>conservator.3.On the court's own motion or on request of the guardian or conservator, the<br>incapacitated or protected person, or other person required to be notified of the<br>petition, the court shall hold a hearing on a petition filed pursuant to subsection 1.4.The court shall issue an order provisionally granting a petition to transfer a<br>guardianship and shall direct the guardian to petition for guardianship in the other<br>state if the court is satisfied that the guardianship will be accepted by the court in the<br>other state and the court finds that:a.The incapacitated person is physically present in or is reasonably expected to<br>move permanently to the other state;b.An objection to the transfer has not been made or, if an objection has been<br>made, the objector has not established that the transfer would be contrary to<br>the interests of the incapacitated person; andc.Plans for care and services for the incapacitated person in the other state are<br>reasonable and sufficient.5.The court shall issue a provisional order granting a petition to transfer a<br>conservatorship and shall direct the conservator to petition for conservatorship in the<br>other state if the court is satisfied that the conservatorship will be accepted by the<br>court of the other state and the court finds that:Page No. 6a.The protected person is physically present in or is reasonably expected to<br>move permanently to the other state, or the protected person has a significant<br>connection to the other state considering the factors in subsection 2 of section<br>28-35-06;b.An objection to the transfer has not been made or, if an objection has been<br>made, the objector has not established that the transfer would be contrary to<br>the interests of the protected person; andc.Adequate arrangements will be made for management of the protected<br>person's property.6.The court shall issue a final order confirming the transfer and terminating the<br>guardianship or conservatorship upon its receipt of:a.A provisional order accepting the proceeding from the court to which the<br>proceeding is to be transferred which is issued under provisions similar to<br>section 28-35-16; andb.The documents required to terminate a guardianship or conservatorship in this<br>state.28-35-16.(302) Accepting guardianship or conservatorship transferred fromanother state.1.To confirm transfer of a guardianship or conservatorship transferred to this state<br>under provisions similar to section 28-35-15, the guardian or conservator must<br>petition the court in this state to accept the guardianship or conservatorship. The<br>petition must include a certified copy of the other state's provisional order of transfer.2.Notice of a petition under subsection 1 must be given to those persons that would be<br>entitled to notice if the petition were a petition for the appointment of a guardian or<br>issuance of a protective order in both the transferring state and this state.Thenotice must be given in the same manner as notice is required to be given in this<br>state.3.On the court's own motion or on request of the guardian or conservator, the<br>incapacitated or protected person, or other person required to be notified of the<br>proceeding, the court shall hold a hearing on a petition filed pursuant to<br>subsection 1.4.The court shall issue an order provisionally granting a petition filed under<br>subsection 1 unless:a.An objection is made and the objector establishes that transfer of the<br>proceeding would be contrary to the interests of the incapacitated or protected<br>person; orb.The guardian or conservator is ineligible for appointment in this state.5.The court shall issue a final order accepting the proceeding and appointing the<br>guardian or conservator as guardian or conservator in this state upon the court's<br>receipt from the court from which the proceeding is being transferred of a final order<br>issued under provisions similar to section 28-35-15 transferring the proceeding to<br>this state.6.No later than ninety days after issuance of a final order accepting transfer of a<br>guardianship or conservatorship, the court shall determine whether the guardianship<br>or conservatorship needs to be modified to conform to the law of this state.Page No. 77.In granting a petition under this section, the court shall recognize a guardianship or<br>conservatorship order from the other state, including the determination of the<br>incapacitated or protected person's incapacity and the appointment of the guardian<br>or conservator.8.The denial by a court of this state of a petition to accept a guardianship or<br>conservatorship transferred from another state does not affect the ability of the<br>guardian or conservator to seek appointment as guardian or conservator in this state<br>under chapter 30.1-28 or 30.1-29 if the court has jurisdiction to make an<br>appointment other than by reason of the provisional order of transfer.28-35-17.(401) Registration of guardianship orders.If a guardian has beenappointed in another state and a petition for the appointment of a guardian is not pending in this<br>state, the guardian appointed in the other state, after giving notice to the appointing court of an<br>intent to register, may register the guardianship order in this state by filing as a foreign judgment<br>in a court, in any appropriate county of this state, certified copies of the order and letters of office.28-35-18. (402) Registration of protective orders. If a conservator has been appointedin another state and a petition for a protective order is not pending in this state, the conservator<br>appointed in the other state, after giving notice to the appointing court of an intent to register,<br>may register the protective order in this state by filing as a foreign judgment in a court of this<br>state, in any county in which property belonging to the protected person is located, certified<br>copies of the order and letters of office and of any bond.28-35-19. (403) Effect of registration.1.Upon registration of a guardianship or protective order from another state, the<br>guardian or conservator may exercise in this state all powers authorized in the order<br>of appointment except as prohibited under the laws of this state, including<br>maintaining actions and proceedings in this state and, if the guardian or conservator<br>is not a resident of this state, subject to any conditions imposed upon nonresident<br>parties.2.A court of this state may grant any relief available under this chapter and other law<br>of this state to enforce a registered order.28-35-20. (502) Relation to Electronic Signatures in Global and National CommerceAct. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global<br>and National Commerce Act [15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede<br>section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the<br>notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].Page No. 8Document Outlinechapter 28-35 uniform adult guardianship and protective proceedings jurisdiction act