§ 83.33 — Accepting guardianship or conservatorship transferred from another state

New York § 83.33

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 83: Uniform Guardianship and Protective Proceedings Jurisdiction Act

Text

§ 83.33 Accepting guardianship or conservatorship transferred from\n another state.\n (a) To confirm transfer of a guardianship of the person or\nguardianship of the property transferred to this state under provisions\nsimilar to section 83.31 of this article, the guardian of the person or\nguardian of the property must petition the court in this state pursuant\nto article eighty-one of this title or article seventeen-A of the\nsurrogate's court procedure act to accept the guardianship of the person\nor guardianship of the property. The petition must include a certified\ncopy of the other state's provisional order of transfer.\n (b) Notice of a petition under subdivision (a) of this section must be\ngiven to those persons that would be entitled to notice if the petition\nwere a petition for the appointment of a guardian of the person or\nissuance of a protective order in both the transferring state and this\nstate. The notice must be given in the same manner as notice is required\nto be given in this state.\n (c) On the court's own motion or on request of the guardian of the\nperson or guardian of the property, the person subject to the\nguardianship of the person or protected person, or other person required\nto be notified of the proceeding, the court shall hold a hearing on a\npetition filed pursuant to subdivision (a) of this section.\n (d) The court shall issue an order provisionally granting a petition\nfiled under subdivision (a) of this section unless:\n 1. an objection is made and the objector establishes that transfer of\nthe proceeding would be contrary to the interests of the incapacitated\nor protected person; or\n 2. the guardian of the person or guardian of the property is\nineligible for appointment in this state.\n (e) The court shall issue a final order accepting the proceeding and\nappointing the guardian of the person or guardian of the property as\nguardian of the person or guardian of the property in this state upon\nits receipt from the court from which the proceeding is being\ntransferred of a final order issued under provisions similar to section\n83.31 of this article transferring the proceeding to this state.\n (f) Not later than ninety days after issuance of a final order\naccepting transfer of a guardianship of the person or guardianship of\nthe property, the court shall determine whether the guardianship of the\nperson or guardianship of the property needs to be modified to conform\nto the law of this state.\n (g) In granting a petition under this section, the court shall\nrecognize a guardianship order from the other state, including the\ndetermination of incapacity and the appointment of the guardian of the\nperson or guardian of the property.\n (h) The denial by a court of this state of a petition to accept a\nguardianship of the person or guardianship of the property transferred\nfrom another state does not affect the ability of the guardian of the\nperson or guardian of the property to seek appointment as guardian of\nthe person or guardian of the property in this state under article\neighty-one of this title or article seventeen-A of the surrogate's court\nprocedure act if the court has jurisdiction to make an appointment other\nthan by reason of the provisional order of transfer.\n