§ 30-3916 — Transfer of guardianship or conservatorship to another state

Nebraska § 30-3916

• Jurisdiction: Nebraska
• Ch. 30: Decedents' Estates; Protection of Persons and Property

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 subsection (2) of section 30-3907 ;
(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 30-3917 ;
and
(b) The documents required to terminate a guardianship or conservatorship
in this state.

Legislative History

Source: Laws 2011, LB157, § 20.