State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05b > 75-5b-301

75-5b-301. Transfer of guardianship or conservatorship to another state.
(1) A guardian or conservator appointed in this state may petition the court to transfer theguardianship or conservatorship to another state.
(2) Notice of a petition under Subsection (1) must be given to the persons that would beentitled to notice of a petition in this state for the appointment of a guardian or conservator.
(3) On the court's own motion or on request of the guardian or conservator, theincapacitated or protected person, or other person required to be notified of the petition, the courtshall hold a hearing on a petition filed pursuant to Subsection (1).
(4) The court shall issue an order provisionally granting a petition to transfer aguardianship and shall direct the guardian to petition for guardianship in the other state if thecourt is satisfied that the guardianship will be accepted by the court in the other state and thecourt finds that:
(a) the incapacitated person is physically present in or is reasonably expected to movepermanently to the other state;
(b) an objection to the transfer has not been made or, if an objection has been made, theobjector has not established that the transfer would be contrary to the interests of theincapacitated person; and
(c) plans for care and services for the incapacitated person in the other state arereasonable and sufficient.
(5) The court shall issue a provisional order granting a petition to transfer aconservatorship and shall direct the conservator to petition for conservatorship in the other stateif the court is satisfied that the conservatorship will be accepted by the court of the other stateand the court finds that:
(a) the protected person is physically present in or is reasonably expected to movepermanently to the other state, or the protected person has a significant connection to the otherstate considering the factors in Subsection 75-5b-201(2);
(b) an objection to the transfer has not been made or, if an objection has been made, theobjector has not established that the transfer would be contrary to the interests of the protectedperson; and
(c) adequate arrangements will be made for management of the protected person'sproperty.
(6) The court shall issue a final order confirming the transfer and terminating theguardianship or conservatorship upon its receipt of:
(a) a provisional order accepting the proceeding from the court to which the proceedingis to be transferred which is issued under provisions similar to Section 75-5b-302; and
(b) the documents required to terminate a guardianship or conservatorship in this state.

Enacted by Chapter 253, 2008 General Session