This text of North Dakota § 28-35-15 ((301) Transfer of guardianship or conservatorship to another state) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 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.
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 b
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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 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.
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 subsection 2 of section
28-35-06;
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
28-35-16; and
b. The documents required to terminate a guardianship or conservatorship in this
state.