state.
1.To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to section 28-35-15, 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.
2.Notice of a petition under subsection 1 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.
3.On the court's own motion or on request of the guardian or conservator, the
incapacitated or protected
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state.
1. To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to section 28-35-15, 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.
2. Notice of a petition under subsection 1 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.
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
proceeding, 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 filed under subsection 1
unless:
a. 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
b. 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
guardian or conservator as guardian or conservator in this state upon the court's
receipt from the court from which the proceeding is being transferred of a final order
issued under provisions similar to section 28-35-15 transferring the proceeding to this
state.
6. No 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.
7. 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.
8. 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 chapter 30.1-28 or 30.1-29 if the court has jurisdiction to make an appointment
other than by reason of the provisional order of transfer.