75-5b-302 - Accepting guardianship or conservatorship transferred from another state.
75-5b-302. Accepting guardianship or conservatorship transferred from anotherstate.
(1) To confirm transfer of a guardianship or conservatorship transferred to this stateunder provisions similar to Section 75-5b-301, the guardian or conservator shall petition thecourt in this state to accept the guardianship or conservatorship. The petition shall include acertified copy of the other state's provisional order of transfer.
(2) Notice of a petition under Subsection (1) shall be given by the petitioner to thosepersons who would be entitled to notice if the petition were a petition for the appointment of aguardian or issuance of a protective order in both the transferring state and this state. The noticeshall be given in the same manner as notice is given in this state.
(3) On the court's own motion or on request of the incapacitated or protected person, orother person required to be notified of the proceeding, the court shall hold a hearing on a petitionfiled pursuant to Subsection (1).
(4) The court shall issue an order provisionally granting a petition filed under Subsection(1) unless:
(a) an objection is made and the objector establishes that transfer of the proceedingwould be contrary to the interests of the incapacitated or protected person; or
(b) the guardian or conservator is ineligible for appointment in this state.
(5) The court shall issue a final order accepting the proceeding and appointing theguardian or conservator as guardian or conservator in this state upon its receipt from the courtfrom which the proceeding is being transferred of a final order issued under provisions similar toSection 75-5b-301 transferring the proceeding to this state.
(6) Not later than 90 days after issuance of a final order accepting transfer of aguardianship or conservatorship, the court shall determine whether the guardianship orconservatorship needs to be modified to conform to the law of this state.
(7) In granting a petition under this section, the court shall recognize a guardianship orconservatorship order from the other state, including the determination of the incapacitated orprotected person's incapacity and the appointment of the guardian or conservator.
(8) The denial by a court of this state of a petition to accept a guardianship orconservatorship transferred from another state does not affect the ability of the guardian orconservator to seek appointment as guardian or conservator in this state under Title 75, Chapter5, Part 3, Guardians of Incapacitated Persons, if the court has jurisdiction to make anappointment other than by reason of the provisional order of transfer.
Enacted by Chapter 253, 2008 General Session