15-10-205 REQUIREMENTS TO TRANSFER THE CONSERVATORSHIP TO A FOREIGN JURISDICTION.
UNIFORM PROBATE CODE
CHAPTER 10
TRANSFERS OF GUARDIANSHIPS AND CONSERVATORSHIPS TO A FOREIGN JURISDICTION
PART 2.
TRANSFER OF CONSERVATORSHIP TO A FOREIGN JURISDICTION
15-10-205. Requirements to transfer the conservatorship to a foreign jurisdiction. (1) The court shall transfer a conservatorship to a foreign court of competent jurisdiction if:
(a) The conservator is presently in good standing with the court;
(b) The conservator is not moving or has not moved the protected person or the protected person’s property to the foreign jurisdiction for the purpose of avoiding or circumventing the provisions to the conservatorship order; and
(c) The transfer of the conservatorship to the foreign jurisdiction is in the best interests of the protected person.
(2) The court shall coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship. 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 conservatorship have been performed;
(b) Forward copies of all documents filed with the court relevant to the conservatorship including, but not limited to:
(i) The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
(ii) Reports and recommendations of conservators ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship;
(iii) Reports of physical or mental health practitioners describing the capacity of the protected person to care for himself or herself or to manage the protected person’s affairs;
(iv) Periodic status reports on the condition of the protected person and the protected person’s assets; and
(c) Require the conservator to file an accounting of the protected person’s property at the time of the transfer to the foreign jurisdiction.
(3) As necessary to coordinate the transfer of the conservatorship, the court is authorized to:
(a) Delay the effective date of the transfer;
(b) Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction;
(c) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or
(d) Make other arrangements that, in the sound discretion of the court, are necessary to transfer the conservatorship.