§ 3-8-302 — Accepting guardianship or conservatorship transferred from another state

Wyoming § 3-8-302

• Jurisdiction: Wyoming
• Title 03: Guardian and Ward
• Ch. 8: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE
• Art. 3: TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP

Text

(a) To confirm transfer of a guardianship or
conservatorship transferred to this state under provisions
similar to W.S. 3-8-301, the guardian or conservator shall
petition the court in this state to accept the guardianship or
conservatorship. The petition shall include a certified copy of
the other state's provisional order of transfer.
(b) Notice of a petition under subsection (a) of this
section shall 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 shall be given in
the same manner as notice is required to be given in this state.
(c) On the court's own motion or on request of the
guardian or conservator, the incompetent 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 (a) of this section.
(d) The court shall issue an order provisionally granting
a petition filed under subsection (a) of this section unless:
(i) An objection is made and the objector establishes
that transfer of the proceeding would be contrary to the
interests of the incompetent or protected person; or
(ii) The guardian or conservator is ineligible for
appointment in this state.
(e) 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 W.S. 3-8-301
transferring the proceeding to this state.
(f) Not later than ninety (90) 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.
(g) 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 incompetent or
protected person's incompetency and the appointment of the
guardian or conservator.
(h) The denial by a court of this state of a petition to
accept a guardianship or conservatorship transferred from
another state shall not affect the ability of the guardian or
conservator to seek appointment as guardian or conservator in
this state under W.S. 3-2-101 through 3-3-1106 if the court has
jurisdiction to make an appointment other than by reason of the
provisional order of transfer.
(j) In granting a petition under this section, the court
may require any report or impose any duty under W.S. 3-2-109,
3-2-201, 3-2-202, 3-3-601 through 3-3-611 or 3-3-901 and