§ 15-14.5-301 — Transfer of guardianship or conservatorship to another state

Colorado § 15-14.5-301

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Uniform Adult Guardianship and

Text

(1) A guardian or conservator appointed in this state may petition the court to
transfer the guardianship or conservatorship to another state.

(2) Notice of a petition under subsection (1) of this section must be given to
the persons that would be entitled 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,
the incapacitated or protected person, or other person required to be notified of the
petition, the court shall hold a hearing on a petition filed pursuant to subsection (1)
of this section.

(4) The court shall issue an order provisionally granting a petition to transfer
a guardianship and shall direct the guardian to petition for guardianship in the other
state if the court is satisfied that the guardianship will be accepted by the court in
the other state and the court finds that:

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

(b) 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; and

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

(5) The court shall issue a provisional order granting a petition to transfer a
conservatorship and shall direct the conservator to petition for conservatorship in
the other state if the court is satisfied that the conservatorship will be accepted by
the court of the other state and the court finds that:

(a) 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 in section 15-14.5-201 (2);

(b) 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; and

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

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

(a) A provisional order accepting the proceeding from the court to which the
proceeding is to be transferred which is issued under provisions similar to section
15-14.5-302; and

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

Legislative History

Source: L. 2008: Entire article added, p. 794, � 1, effective May 14.