Constitution of the United States of America, Freedom Documents

I D A H O S T A T E L E G I S L A T U R E

TITLE 15 - UNIFORM PROBATE CODE

CHAPTER 9 - FOREIGN GUARDIANSHIPS AND CONSERVATORSHIPS

15-9-101.Jurisdiction. A guardian who is appointed by a foreign court of competent jurisdiction for an incapacitated or developmentally disabled person (hereinafter "ward") residing or domiciled in this state may petition to have the guardianship transferred and accepted in this state.

15-9-102.Petition. (1) The petition for the receipt and acceptance of a foreign guardianship shall be filed in the court where the ward resides or is domiciled or where the ward may reside in the future. (2) The petition shall include the following: (a) A certified copy of the foreign guardianship order including: (i) All attachments describing the duties and powers of the guardian; and (ii) All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including the order to transfer the guardianship, if applicable; (b) The address of the foreign court from which the guardianship was issued; (c) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (d) The petitioner’s name, residence, current address and relationship, other than guardian, to the ward; (e) The name, age, principal residence and current address of the ward; (f) The name and address of the ward’s: (i) Spouse; and (ii) Adult children or, if the ward has none, the ward’s parents and adult siblings or, if the ward has none, at least one (1) adult nearest in kinship to the ward if such adult can be found; (g) The name and address of the person responsible for the care or custody of the ward if other than the guardian; (h) The name and address of any legal representative, including a guardian ad litem appointed by the foreign court, for the ward; (i) The reason(s) for the transfer of the guardianship; and (j) If the guardian manages any property for the ward, a general statement of the ward’s property, its location, and its estimated value including any insurance or pension, and the source and amount of any other anticipated income or receipts. (3) The petition for receipt and acceptance of a foreign guardianship may be supplemented with other petitions related to the guardianship including a petition to modify the terms of the guardianship.

15-9-103.Notice of petition for receipt and acceptance of a foreign guardianship. (1) Notice of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the ward. Except as provided in subsection (3) of this section, failure to serve the ward 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 ward has a right to a hearing on the petition for receipt and acceptance of a foreign guardianship; (b) Inform the ward of procedures to exercise his or her right to a hearing; and (c) Describe the consequences of a transfer of the guardianship from the foreign jurisdiction to this state. (2) Notice of the petition for receipt and acceptance of a foreign guardianship 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 guardianship or to procure the requested certifications and copies of guardianship 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 guardian has engaged in malfeasance, misfeasance or nonfeasance during his or her appointment as guardian; (ii) That periodic reports have been filed in a satisfactory manner; (iii) That all bond or other security requirements imposed under the guardianship have been performed; and (b) Forward copies of all documents filed with the foreign court relevant to the guardianship including, but not limited to: (i) The initial petition for guardianship and other filings relevant to the appointment of the guardian; (ii) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the guardianship; (iii) Reports of physical or mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs; (iv) Periodic status reports on the condition of the ward and the ward’s assets; and (v) The order to transfer the guardianship, if any. (3) The court may waive the notice provisions in subsections (1) and (2) of this section if: (a) The guardian has filed a petition in the foreign court to transfer and release the guardianship to this state; (b) Notice was given to the ward in conjunction with the petition to transfer and release the guardianship; 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 ward. Proof of service shall not be dated more than ninety (90) days before the petition and acceptance of a foreign guardianship is filed in the court. (4) The petitioner shall give notice of the petition for receipt and acceptance of a foreign guardianship to all other interested persons named in the petition, including any legal counsel appointed or retained for the ward or any guardian ad litem or court visitor appointed for the ward. The notice shall include a statement informing these persons of the right to object to the receipt and acceptance of the guardianship from the foreign jurisdiction to this state. Failure to give notice under this subsection precludes the receipt and acceptance of the guardianship. (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 guardianship.

15-9-104.Hearing on the petition for receipt and acceptance of a foreign guardianship. (1) On motion by the ward, by any person named in the petition, or by any other interested person, or on the court’s own motion, the court shall hold a hearing to consider the petition for receipt and acceptance of a foreign guardianship. (2) If the petition for receipt and acceptance of a foreign guardianship includes a request to modify the provisions of the guardianship, the court shall hold a hearing to consider the petition for receipt and acceptance of a foreign guardianship. (3) All procedural rights associated with a guardianship hearing before the court shall be observed for any hearings on the petition for receipt and acceptance of a foreign guardianship. (4) If any interested person receiving notice of the petition for receipt and acceptance of a foreign guardianship challenges the validity of the foreign guardianship or the authority of the foreign court to appoint the guardian, the court may stay this proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.

15-9-105.Requirements for receipt and acceptance of a foreign guardianship. (1) The court shall grant the petition for receipt and acceptance of a foreign guardianship provided that: (a) The guardian is presently in good standing with the foreign court; (b) The guardian is not moving or has not moved the ward or the ward’s property from the foreign jurisdiction for the purpose of avoiding or circumventing the provisions of the guardianship order; and (c) The transfer of the guardianship from the foreign jurisdiction is in the best interests of the ward. (2) In granting a petition for receipt and acceptance of a foreign guardianship, the court shall give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the ward’s incapacity and the rights, powers and duties of the guardian. (3) Notwithstanding subsection (2) of this section, the court may modify the provisions of the guardianship with respect to surety bond requirements or other administrative provisions to bring the guardianship into compliance with the laws of this state or the rules of the court. (4) The court may require the guardian to file an accounting of the ward’s property at the time of the transfer from the foreign jurisdiction to the extent the guardian has control thereof. (5) If the petition for receipt and acceptance of a foreign guardianship is granted, the court shall coordinate with the foreign court to facilitate the orderly transfer of the guardianship. To coordinate the transfer, the court is authorized to: (a) Delay the effective date of the receipt and acceptance; (b) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction; (c) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or (d) Make other arrangements that, in the sound discretion of the court, are necessary to effectuate the receipt and acceptance of the guardianship. (6) The denial of a petition for receipt and acceptance of a guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under part 3, chapter 5, title 15, Idaho Code.

15-9-106.Review of the guardianship. (1) Within a reasonable period of time after the receipt and acceptance of the foreign guardianship, the court shall review the provisions of the guardianship. (2) As part of its review, the court shall inform the guardian and ward of services that may be available to the ward. (3) Upon petition by the guardian, the ward, or by another interested person, the court may modify the type of appointment or powers granted to the guardian in accordance with the provisions of section 15-3-313, Idaho Code.

PART 2. RECEIPT AND ACCEPTANCE OF FOREIGN CONSERVATORSHIP

15-9-201.Jurisdiction. A conservator who is appointed by a foreign court of competent jurisdiction for an incapacitated or developmentally disabled person (hereinafter "protected person") residing in or domiciled in this state, may petition to have the conservatorship transferred to and accepted in this state.

15-9-202.Petition. (1) The petition for the receipt and acceptance of a foreign conservatorship shall be filed in the court where the protected person resides, is domiciled, or where the protected person may reside in the future. (2) The petition shall include the following: (a) A certified copy of the foreign conservatorship order, including: (i) All attachments describing the duties and powers of the conservator; and (ii) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including the order to transfer the conservatorship, if applicable; (b) The address of the foreign court from which the conservatorship was issued; (c) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (d) The petitioner’s name, residence, current address and relationship, other than guardian, to the protected person; (e) The name, age, principal residence and current address of the protected person; (f) The name and address of the protected person’s: (i) Spouse; and (ii) Adult children or, if the protected person has none, the protected person’s parents and adult siblings or, if the protected person has none, at least one (1) adult nearest in kinship to the protected person if such person can be found; (g) The name and address of the person responsible for the care or custody of the protected person, if other than the conservator; (h) The name and address of any legal representative, including a guardian ad litem appointed by the foreign court, for the protected person; (i) The reason(s) for the transfer of the conservatorship; and (j) A general statement of the protected person’s property, its location, and its estimated value including any insurance or pension, and the source and amount of any other anticipated income or receipts. (3) The petition for receipt and acceptance of a foreign conservatorship may be supplemented with other petitions related to the conservatorship, including a petition to modify the terms of the 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.

15-9-204.Hearing on the petition for receipt and acceptance of a foreign conservatorship. (1) On motion by the protected person, by a person named in the petition, or by any other interested person, or on the court’s own motion, the court shall hold a hearing to consider the petition for receipt and acceptance of a foreign conservatorship. (2) If the petition for receipt and acceptance of a foreign conservatorship includes a request to modify the provisions of the guardianship, the court shall hold a hearing to consider the petition for receipt and acceptance of a foreign conservatorship. (3) All procedural rights associated with a conservatorship hearing before the court shall be observed for any hearings on the petition for receipt and acceptance of a foreign conservatorship. (4) If any interested person receiving notice of the petition for receipt and acceptance of a foreign conservatorship challenges the validity of the foreign conservatorship or the authority of the foreign court to appoint the conservator, the court may stay this proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.

15-9-205.Requirements for receipt and acceptance of foreign conservatorship. (1) The court shall grant the petition for receipt and acceptance of a foreign conservatorship provided that: (a) The conservator is presently in good standing with the foreign court; (b) The conservator is not moving or has not moved the protected person or the protected person’s property from the foreign jurisdiction for the purpose of avoiding or circumventing the provisions of the conservatorship order; and (c) The transfer of the conservatorship from the foreign jurisdiction is in the best interests of the protected person. (2) In granting a petition for receipt and acceptance of a foreign conservatorship, the court shall give full faith and credit to the provisions of the foreign conservatorship order concerning the determination of the protected person’s incapacity and the rights, powers and duties of the conservator. (3) Notwithstanding subsection (2) of this section, the court may modify the provisions of the conservatorship with respect to surety bond requirements or other administrative provisions to bring the conservatorship into compliance with the laws of this state or the rules of the court. (4) The court may require the conservator to file an accounting of the protected person’s property at the time of the transfer from the foreign jurisdiction to the extent the conservator has control thereof. (5) If the petition for receipt and acceptance of a foreign conservatorship is granted, the court shall coordinate with the foreign court to facilitate the orderly transfer of the conservatorship. To coordinate the transfer, the court is authorized to: (a) Delay the effective date of the receipt and acceptance; (b) Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction; (c) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to terminate the conservatorship and discharge the conservator in the foreign jurisdiction; or (d) Make other arrangements that, in the sound discretion of the court, are necessary to effectuate the receipt and acceptance of the conservatorship. (6) The denial of a petition for receipt and acceptance of a conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under part 4, chapter 5, title 15, Idaho Code.

15-9-206.Review of the conservatorship. (1) Within a reasonable period of time after the receipt and acceptance of the foreign conservatorship, the court shall review the provisions of the conservatorship. (2) As part of its review, the court shall inform the conservator and protected person of services that may be available to the protected person. (3) Upon petition by the conservator, by the protected person, or by another interested person, the court may modify the type of appointment or powers granted to the conservator in accordance with the provisions of part 4, chapter 5, title 15, Idaho Code.

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