§ 30-3917 — Accepting guardianship or conservatorship transferred from another state

Nebraska § 30-3917

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

Text

(1) To confirm transfer of a guardianship or conservatorship
transferred to this state under provisions similar to section 30-3916 , 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) 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.
(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) of this section.
(4) The court shall issue an order provisionally granting a petition
filed under subsection (1) of this section 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 its receipt from
the court from which the proceeding is being transferred of a final order
issued under provisions similar to section 30-3916 transferring the proceeding
to this state.
(6) 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.
(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 the Nebraska
Probate Code if the court has jurisdiction to make an appointment other than
by reason of the provisional order of transfer.

Legislative History

Source: Laws 2011, LB157, § 21.