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387.842 Accepting guardianship or conservatorship transferred from another
state.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
To confirm transfer of a guardianship or conservatorship transferred to this
state under provisions similar to KRS 387.840, the guardian or conservator
shall petition the court in this state to accept the guardianship or
conservatorship. The petition shall include a certified copy of the other state's
provisional order of transfer.
Notice of a petition under subsection (1) of this section shall be given to those
persons that would be entitled to notice if the petition were a petition for the
appointment of a guardian or issuance of a protective order in both the
transferring state and this state. The notice shall be given in the same manner
as notice is required to be given in this state.
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
proceeding, 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 filed under
subsection (1) of this section unless:
(a) An objection is made and the objector establishes that transfer of the
proceeding would be contrary to the interests of the incapacitated or
protected person; or
(b) The guardian or conservator is ineligible for appointment in this state.
The court shall issue a final order accepting the proceeding and appointing the
guardian or conservator as guardian or conservator in this state upon its
receipt from the court from which the proceeding is being transferred of a final
order issued under provisions similar to KRS 387.840 transferring the
proceeding to this state.
Not later than ninety (90) days after issuance of a final order accepting transfer
of a guardianship or conservatorship, the court shall determine whether the
guardianship or conservatorship needs to be modified to conform to the law of
this state.
In granting a petition under this section, the court shall recognize a
guardianship or conservatorship order from the other state, including the
determination of the incapacitated or protected person's incapacity and the
appointment of the guardian or conservator.
The denial by a court of this state of a petition to accept a guardianship or
conservatorship transferred from another state does not affect the ability of the
guardian or conservator to seek appointment as guardian or conservator in this
state under this chapter if the court has jurisdiction to make an appointment
other than by reason of the provisional order of transfer.
Effective:June 8, 2011
History: Created 2011 Ky. Acts ch. 47, sec. 17, effective June 8, 2011.
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