§ 13:4251.302 — Accepting guardianship or conservatorship transferred from another state

Louisiana § 13:4251.302

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§4251.302. 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 R.S. 13:4251.301, the guardian or conservator must petition the
court in this state to accept the guardianship or conservatorship. The petition must include
a certified copy of the other state's provisional order of transfer.
B. Notice of a petition under Subsection A of this Section must be given to those
persons that would be entitled to notice if the petition were a petition for the appointment of
a guardian or issuance of a protective order in both the transferring state and this state. The
notice must be given in the same manner as notice is required to be given in this state.
C. 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 proceeding,
the court shall hold a hearing on a petition filed pursuant to Subsection A of this Section.
D. The court shall issue an order provisionally granting a petition filed under
Subsection A of this Section unless:
(1) An objection is made and the objector establishes that transfer of the proceeding
would be contrary to the interests of the incapacitated or protected person; or
(2) The guardian or conservator is ineligible for appointment in this state.
E. The court shall issue a final order accepting the proceeding and appointing the
guardian or conservator as guardian or conservator in this state upon its receipt from the
court from which the proceeding is being transferred of a final order issued under provisions
similar to R.S. 13:4251.301 transferring the proceeding to this state.
F. Not later than ninety days after issuance of a final order accepting transfer of a
guardianship or conservatorship, the court 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 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 the guardian or
conservator to seek appointment as guardian or conservator in this state under Code of Civil
Procedure Article 4561, if the court has jurisdiction to make an appointment other than by
reason of the provisional order of transfer.

Legislative History

Acts 2016, No. 333, §1.