15-10-105 REQUIREMENTS TO TRANSFER THE GUARDIANSHIP TO A FOREIGN JURISDICTION.
UNIFORM PROBATE CODE
CHAPTER 10
TRANSFERS OF GUARDIANSHIPS AND CONSERVATORSHIPS TO A FOREIGN JURISDICTION
PART 1.
TRANSFER OF GUARDIANSHIP TO A FOREIGN JURISDICTION
15-10-105. Requirements to transfer the guardianship to a foreign jurisdiction. (1) The court shall transfer a guardianship to a foreign court of competent jurisdiction if:
(a) The guardian is presently in good standing with the court;
(b) The guardian is not moving or has not moved the ward or the ward’s property to the foreign jurisdiction for the purpose of avoiding or circumventing the provisions to the guardianship order; and
(c) The transfer of the guardianship to the foreign jurisdiction is in the best interests of the ward.
(2) The court shall coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship. To coordinate the transfer, the court may:
(a) Notify the foreign court:
(i) Of any significant problems that may have occurred;
(ii) That periodic reports and accountings have been filed in a satisfactory manner; and
(iii) That all bond and other security requirements imposed under the guardianship have been performed;
(b) Forward copies of all documents filed with the court relevant to the guardianship including, but not limited to:
(i) The initial petition for guardianship and other filings relevant to the appointment of the guardian;
(ii) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship;
(iii) Reports of physical or mental health practitioners describing the capacity of the ward to care for himself or herself or to manage the ward’s affairs;
(iv) Periodic status reports on the condition of the ward and the ward’s assets; and
(c) Require the guardian to file an accounting of the ward’s property at the time of the transfer to the foreign jurisdiction.
(3) As necessary to coordinate the transfer of the guardianship, the court is authorized to:
(a) Delay the effective date of the transfer;
(b) Make the transfer contingent upon the acceptance of the guardianship or appointment of the guardian in the foreign jurisdiction;
(c) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or
(d) Make other arrangements that, in the sound discretion of the court, are necessary to transfer the guardianship.