11.90.400 - Procedure for transfer of guardianship to an out-of-state court.

Procedure for transfer of guardianship to an out-of-state court.

(1) A guardian of the person or guardian of the estate appointed in this state may petition the court to transfer the guardianship to another state.

     (2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian of the person or guardian of the estate.

     (3) On the court's own motion or on request of the guardian of the person or guardian of the estate, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.

     (4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian of the person or guardian of the estate to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

     (a) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

     (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

     (c) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

     (5) The court shall issue a provisional order granting a petition to transfer a guardianship of the estate and shall direct the guardian of the estate to petition for guardianship of the estate or conservatorship in the other state if the court is satisfied that the guardianship of the estate will be accepted by the court of the other state and the court finds that:

     (a) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in RCW 11.90.200(2);

     (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

     (c) Adequate arrangements will be made for management of the protected person's property.

     (6) The court shall issue a final order confirming the transfer and terminating the guardianship of the person or guardianship of the estate upon its receipt of:

     (a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to RCW 11.90.410; and

     (b) The documents required to terminate a guardianship of the person or guardianship of the estate in this state.

[2009 c 81 § 16.]

Notes: Effective date -- 2009 c 81: See note following RCW 11.90.010.