§ 33-15.2-302. Petition to accept proceeding transferred from another state.
(a) Upon issuance of a provisional or temporary order in another state to transfer a guardianship
or conservatorship to this state under provisions similar to those in §â€‚33-15.2-301, the guardian or conservator shall 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 or temporary
order and relevant file documents.
(b) Notice of a petition under subsection (a) to accept a guardianship or conservatorship
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§ 33-15.2-302. Petition to accept proceeding transferred from another state.
(a) Upon issuance of a provisional or temporary order in another state to transfer a guardianship
or conservatorship to this state under provisions similar to those in §â€‚33-15.2-301, the guardian or conservator shall 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 or temporary
order and relevant file documents.
(b) Notice of a petition under subsection (a) to accept a guardianship or conservatorship
from another state must be given by the petitioner 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 manner required by chapters 15 of title 33 and 22 of title
33.
(c) The court shall hold a hearing on a petition filed pursuant to subsection (a) to accept
a guardianship or conservatorship from another state.
(d) If the court is satisfied with the documentation and evidence presented, the petition
filed under subsection (a) shall be granted, unless 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.
(e) No later than ninety (90) days after issuance of a permanent 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.
(f) In approving 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, if the guardian or conservator is eligible to act in this state, and
the determination of the need for a guardian or conservator conforms to the law of
this state.
(g) The denial of a petition filed under subsection (a) of this section to accept a guardianship
or conservatorship from another state does not affect the ability of a guardian or
conservator appointed by a court in another state to seek appointment as guardian
of the incapacitated person or conservator of the protected person under chapter 15
of this title.