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 10 - TRANSFERS OF GUARDIANSHIPS AND CONSERVATORSHIPS TO A FOREIGN JURISDICTION
PART 1. TRANSFER OF GUARDIANSHIP TO A FOREIGN JURISDICTION
15-10-101.Jurisdiction. (1) A guardian may petition the court to transfer a guardianship to a foreign court of competent jurisdiction if the ward or developmentally disabled person has moved permanently to the foreign jurisdiction.
(2) The ward or developmentally disabled person may be presumed to have moved permanently to a foreign jurisdiction if:
(a) He or she has resided in the foreign jurisdiction for more than twelve (12) consecutive months;
(b) The guardian notifies the court that the ward or developmentally disabled person intends to move or has moved permanently to the foreign jurisdiction; or
(c) A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship of the ward or developmentally disabled person in the foreign jurisdiction.
(3) To facilitate the transfer, the court may order the guardian to file a petition for receipt and acceptance of the guardianship by the foreign jurisdiction.
(4) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.
15-10-102.Petition to transfer a guardianship to a foreign jurisdiction. The petition to transfer a guardianship to a foreign jurisdiction shall be filed in the court that issued the guardianship order. The petition to transfer the guardianship shall include the following:
(1) Name and address of the foreign court to which the guardianship will be transferred;
(2) New or proposed address of the ward;
(3) Reason(s) for moving the ward;
(4) A certified copy of the petition for receipt and acceptance of a foreign guardianship, or petition for guardianship, if previously filed in the foreign court; and
(5) A statement of the ward’s expressions of approval or disapproval concerning the transfer.
15-10-103.Notice of petition to transfer a guardianship to a foreign jurisdiction. (1) Notice of the petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the ward. 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 to transfer the 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.
(2) Notice of the petition to transfer a guardianship shall be given to the foreign court to which the guardianship is to be transferred. Except as provided in subsection (6) of this section, failure to give the foreign court notice of the petition to transfer the guardianship precludes the court from granting the petition.
(3) The petitioner shall give notice of the petition to transfer the guardianship to a foreign jurisdiction. The notice shall include a statement informing these persons of the right to object to the transfer of the guardianship to a foreign jurisdiction. Failure to give notice under this subsection (3) precludes the transfer of the guardianship. The notice shall be given to:
(a) The ward’s spouse;
(b) The ward’s 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;
(c) The ward’s legal representatives, if any, including the guardian ad litem appointed by the court;
(d) The person responsible for the care or custody of the ward; and
(e) Other persons as directed by the court.
(4) Except as provided in subsection (1) of this section, notice of the petition to transfer a guardianship to a foreign jurisdiction shall be made according to section 15-5-309, Idaho Code.
(5) All persons to whom notice is given under this section shall have thirty (30) days from the mailing of the notice to request a hearing on the petition to transfer the guardianship to a foreign jurisdiction.
(6) The court may waive the notice requirement in subsections (1) through (3) of this section if:
(a) The guardian has filed a petition for receipt and acceptance of a foreign guardianship, or a petition for guardianship, in the foreign court;
(b) Notice was given to the ward and all interested persons in conjunction with the petition for receipt and acceptance of a foreign guardianship; and
(c) The petitioner provides the court with proof of service on the ward and all interested persons. Proof of service shall be dated not more than ninety (90) days before the petition to transfer the guardianship was filed in the court.
15-10-104.Hearing on the petition to transfer a foreign guardianship. (1) On the court’s own motion or on a motion by the ward or by any interested person named in the petition, or by any other interested person, the court may hold a hearing to consider the petition to transfer the guardianship to a foreign jurisdiction.
(2) All procedural rights associated with a guardianship hearing before the court shall be observed for any hearings on the petition for transfer of a guardianship to a foreign jurisdiction.
15-10-105.Requirements to transfer the guardianship to a foreign jurisdiction. (1) The court shall transfer a guardianship to a foreign court of competent jurisdiction if:
(a) The guardian is presently in good standing with the court;
(b) The guardian is not moving or has not moved the ward or the ward’s property to the foreign jurisdiction for the purpose of avoiding or circumventing the provisions to the guardianship order; and
(c) The transfer of the guardianship to the foreign jurisdiction is in the best interests of the ward.
(2) The court shall coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship. To coordinate the transfer, the court may:
(a) Notify the foreign court:
(i) Of any significant problems that may have occurred;
(ii) That periodic reports and accountings have been filed in a satisfactory manner; and
(iii) That all bond and other security requirements imposed under the guardianship have been performed;
(b) Forward copies of all documents filed with the 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 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 the ward’s affairs;
(iv) Periodic status reports on the condition of the ward and the ward’s assets; and
(c) Require the guardian to file an accounting of the ward’s property at the time of the transfer to the foreign jurisdiction.
(3) As necessary to coordinate the transfer of the guardianship, the court is authorized to:
(a) Delay the effective date of the transfer;
(b) Make the transfer contingent upon the acceptance of the guardianship or appointment 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 accept the guardianship or appoint the guardian in the foreign jurisdiction; or
(d) Make other arrangements that, in the sound discretion of the court, are necessary to transfer the guardianship.
PART 2. TRANSFER OF CONSERVATORSHIP TO A FOREIGN JURISDICTION
15-10-201.Jurisdiction. (1) A conservator may petition the court to transfer a conservatorship to a foreign court of competent jurisdiction if the protected or developmentally disabled person has moved permanently to the foreign jurisdiction.
(2) The protected or developmentally disabled person may be presumed to have moved permanently to a foreign jurisdiction if:
(a) He or she has resided in the foreign jurisdiction for more than twelve (12) consecutive months;
(b) The conservator notifies the court that the protected or developmentally disabled person intends to move or has moved permanently to the foreign jurisdiction; or
(c) A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship of the protected or developmentally disabled person in the foreign jurisdiction.
(3) To facilitate the transfer, the court may order the conservator to file a petition for receipt and acceptance of the conservatorship by the foreign jurisdiction.
(4) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.
15-10-202.Petition to transfer a conservatorship to a foreign jurisdiction. The petition to transfer a conservatorship to a foreign jurisdiction shall be filed in the court that issued the conservatorship order. The petition to transfer the conservatorship shall include the following:
(1) Name and address of the foreign court to which the conservatorship will be transferred;
(2) New or proposed address of the protected person;
(3) Reason(s) for moving the protected person;
(4) A certified copy of the petition for receipt and acceptance of a foreign conservatorship, or petition for conservatorship, if previously filed in the foreign court; and
(5) A statement of the protected person’s expressions of approval or disapproval concerning the transfer.
15-10-203.Notice of petition to transfer a conservatorship to a foreign jurisdiction. (1) Notice of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the protected person. 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 to transfer the 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.
(2) Notice of the petition to transfer a conservatorship shall be given to the foreign court to which the conservatorship is to be transferred. Except as provided in subsection (6) of this section, failure to give the foreign court notice of the petition to transfer the conservatorship precludes the court from granting the petition.
(3) The petitioner shall give notice of the petition to transfer the conservatorship to a foreign jurisdiction. The notice shall include a statement informing these persons of the right to object to the transfer of the conservatorship to a foreign jurisdiction. Failure to give notice under this subsection (3) precludes the transfer of the conservatorship. The notice shall be given to:
(a) The protected person’s spouse;
(b) The protected person’s 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 adult can be found;
(c) The protected person’s legal representatives, if any, including the conservator ad litem appointed by the court;
(d) The person responsible for the care or custody of the protected person; and
(e) Other persons as directed by the court.
(4) Except as provided in subsection (1) of this section, notice of the petition to transfer a conservatorship to a foreign jurisdiction shall be made according to section 15-5-404, Idaho Code.
(5) All persons to whom notice is given under this section shall have thirty (30) days from the mailing of the notice to request a hearing on the petition to transfer the conservatorship to a foreign jurisdiction.
(6) The court may waive the notice requirement in subsections (1) through (3) of this section if:
(a) The conservator has filed a petition for receipt and acceptance of a foreign conservatorship, or a petition for conservatorship, in the foreign court;
(b) Notice was given to the protected person and all interested persons in conjunction with the petition for receipt and acceptance of a foreign conservatorship; and
(c) The petitioner provides the court with proof of service on the protected person and all interested persons. Proof of service shall be dated not more than ninety (90) days before the petition to transfer the conservatorship was filed in the court.
15-10-204.Hearing on the petition to transfer a foreign conservatorship. (1) On the court’s own motion or on a motion by the protected person or by any interested person named in the petition, or by any other interested person, the court may hold a hearing to consider the petition to transfer the conservatorship to a foreign jurisdiction.
(2) All procedural rights associated with a conservatorship hearing before the court shall be observed for any hearings on the petition for transfer of a conservatorship to a foreign jurisdiction.
15-10-205.Requirements to transfer the conservatorship to a foreign jurisdiction. (1) The court shall transfer a conservatorship to a foreign court of competent jurisdiction if:
(a) The conservator is presently in good standing with the court;
(b) The conservator is not moving or has not moved the protected person or the protected person’s property to the foreign jurisdiction for the purpose of avoiding or circumventing the provisions to the conservatorship order; and
(c) The transfer of the conservatorship to the foreign jurisdiction is in the best interests of the protected person.
(2) The court shall coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship. To coordinate the transfer, the court may:
(a) Notify the foreign court:
(i) Of any significant problems that may have occurred;
(ii) That periodic reports and accountings have been filed in a satisfactory manner; and
(iii) That all bond and other security requirements imposed under the conservatorship have been performed;
(b) Forward copies of all documents filed with the 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 conservators ad litem, court visitors, or other individuals appointed by the 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 the protected person’s affairs;
(iv) Periodic status reports on the condition of the protected person and the protected person’s assets; and
(c) Require the conservator to file an accounting of the protected person’s property at the time of the transfer to the foreign jurisdiction.
(3) As necessary to coordinate the transfer of the conservatorship, the court is authorized to:
(a) Delay the effective date of the transfer;
(b) Make the transfer contingent upon the acceptance of the conservatorship or appointment 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 accept the conservatorship or appoint the conservator in the foreign jurisdiction; or
(d) Make other arrangements that, in the sound discretion of the court, are necessary to transfer the conservatorship.
Preserving Our Constitution
"We will be Ever Vigilant in the defense of our Republic, Constitution and Ideals set forth by our Country's Founding Fathers through Education, Knowledge and Wisdom guided by Liberty, Honesty and Equality so help us God."
|
