15-9-203 NOTICE OF PETITION FOR RECEIPT AND ACCEPTANCE OF A FOREIGN CONSERVATORSHIP.
UNIFORM PROBATE CODE
CHAPTER 9
FOREIGN GUARDIANSHIPS AND CONSERVATORSHIPS
PART 2.
RECEIPT AND ACCEPTANCE OF FOREIGN CONSERVATORSHIP
15-9-203. Notice of petition for receipt and acceptance of a foreign conservatorship. (1) Notice of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the protected person. Except as provided in subsection (3) of this section, failure to serve the protected person 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 protected person has a right to a hearing on the petition for receipt and acceptance of a foreign conservatorship;
(b) Inform the protected person of procedures to exercise his or her right to a hearing; and
(c) Describe the consequences of a transfer of the conservatorship from the foreign jurisdiction to this state.
(2) Notice of the petition for receipt and acceptance of a foreign conservatorship 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 conservatorship or to procure the requested certifications and copies of conservatorship 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 conservator has engaged in malfeasance, misfeasance or nonfeasance during his or her appointment as conservator;
(ii) That periodic reports have been filed in a satisfactory manner;
(iii) That all bond or other security requirements imposed under the conservatorship have been performed; and
(b) Forward copies of all documents filed with the foreign 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 guardians ad litem, court visitors, or other individuals appointed by the foreign 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 his or her affairs;
(iv) Periodic status reports on the condition of the protected person and the protected person’s assets; and
(v) The order to transfer the conservatorship, if any.
(3) The court may waive the notice provisions in subsections (1) and (2) of this section if:
(a) The conservator has filed a petition in the foreign court to transfer and release the conservatorship to this state;
(b) Notice was given to the protected person in conjunction with the petition to transfer and release the conservatorship; 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 protected person. Proof of service shall not be dated more than ninety (90) days before the petition and acceptance of a foreign conservatorship is filed in the court.
(4) The petitioner shall give notice of the petition for receipt and acceptance of a foreign conservatorship to all other interested persons named in the petition, including any legal counsel appointed or retained for the protected person or any guardian ad litem or court visitor appointed for the protected person. The notice shall include a statement informing these persons of the right to object to the receipt and acceptance of the conservatorship from the foreign jurisdiction to this state. Failure to give notice under this subsection precludes the receipt and acceptance of the conservatorship.
(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 conservatorship.