2013 Kentucky Revised Statutes CHAPTER 387 - GUARDIANS -- CONSERVATORS -- CURATORS OF CONVICTS 387.840 Transfer of guardianship of conservatorship to another state.
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387.840 Transfer of guardianship of conservatorship to another state.
(1)
(2)
(3)
(4)
(5)
(6)
A guardian or conservator appointed in this state may petition the court to
transfer the guardianship or conservatorship to another state.
Notice of a petition under subsection (1) of this section shall be given to the
persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator.
On the court's own motion or on request of the guardian or conservator, 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.
The court shall issue an order provisionally granting a petition to transfer a
guardianship and shall direct the guardian 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.
The court shall issue a provisional order granting a petition to transfer a
conservatorship and shall direct the conservator to petition for conservatorship
in the other state if the court is satisfied that the conservatorship 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 KRS
387.822(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.
The court shall issue a final order confirming the transfer and terminating the
guardianship or conservatorship 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
KRS 387.842; and
(b) The documents required to terminate a guardianship or conservatorship
in this state.
Effective:June 8, 2011
History: Created 2011 Ky. Acts ch. 47, sec. 16, effective June 8, 2011.
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