15-9-103 NOTICE OF PETITION FOR RECEIPT AND ACCEPTANCE OF A FOREIGN GUARDIANSHIP.
UNIFORM PROBATE CODE
CHAPTER 9
FOREIGN GUARDIANSHIPS AND CONSERVATORSHIPS
PART 1.
RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP
15-9-103. Notice of petition for receipt and acceptance of a foreign guardianship. (1) Notice of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the ward. Except as provided in subsection (3) of this section, failure to serve the ward with the foregoing notice precludes the court from granting the petition. The notice shall be in plain language and large type and shall:
(a) Include a statement that the ward has a right to a hearing on the petition for receipt and acceptance of a foreign guardianship;
(b) Inform the ward of procedures to exercise his or her right to a hearing; and
(c) Describe the consequences of a transfer of the guardianship from the foreign jurisdiction to this state.
(2) Notice of the petition for receipt and acceptance of a foreign guardianship shall be given to the court from which the guardianship is to be transferred. Except as provided in subsection (3) of this section, failure to give the foreign court notice of the petition for receipt and acceptance of a foreign guardianship or to procure the requested certifications and copies of guardianship documents precludes the court from granting the petition. Notice to the foreign court shall include a request that the foreign court:
(a) Certify:
(i) That the foreign court has no knowledge that the guardian has engaged in malfeasance, misfeasance or nonfeasance during his or her appointment as guardian;
(ii) That periodic reports have been filed in a satisfactory manner;
(iii) That all bond or other security requirements imposed under the guardianship have been performed; and
(b) Forward copies of all documents filed with the foreign 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 foreign 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 his or her affairs;
(iv) Periodic status reports on the condition of the ward and the ward’s assets; and
(v) The order to transfer the guardianship, if any.
(3) The court may waive the notice provisions in subsections (1) and (2) of this section if:
(a) The guardian has filed a petition in the foreign court to transfer and release the guardianship to this state;
(b) Notice was given to the ward in conjunction with the petition to transfer and release the guardianship; and
(c) The petitioner provides the court with:
(i) A certified copy of the petition filed with the foreign court; and
(ii) Proof of service on the ward. Proof of service shall not be dated more than ninety (90) days before the petition and acceptance of a foreign guardianship is filed in the court.
(4) The petitioner shall give notice of the petition for receipt and acceptance of a foreign guardianship to all other interested persons named in the petition, including any legal counsel appointed or retained for the ward or any guardian ad litem or court visitor appointed for the ward. The notice shall include a statement informing these persons of the right to object to the receipt and acceptance of the guardianship from the foreign jurisdiction to this state. Failure to give notice under this subsection precludes the receipt and acceptance of the guardianship.
(5) All persons receiving notice under this section shall have thirty (30) days from the mailing of notice to request a hearing on the petition for receipt and acceptance of the foreign guardianship.