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 11 - TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIPS AND CONSERVATORSHIPS
PART 1. TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIPS
15-11-101.Jurisdiction. A guardian who is appointed by a foreign court of competent jurisdiction for an incapacitated or developmentally disabled person (hereinafter "ward") temporarily located in this state or whose property is located in this state, may petition to have the guardianship recognized in this state. For purposes of this part, "temporary" means a period of time not to exceed twelve (12) consecutive months.
15-11-102.Petition and notice. (1) The petition for temporary recognition of a foreign guardianship shall be filed in the court where the ward or the ward’s property is located.
(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;
(b) The address of the foreign court from which the guardianship order was issued;
(c) The name of the judicial officer who authorized the foreign guardianship;
(d) An explanation of the need for temporary recognition of the foreign guardianship at this time; and
(e) A general statement of the ward’s property located in this state and its estimated value.
(3) Notice of the petition for temporary recognition of a foreign guardianship shall be given to the foreign court from which the guardianship orders were issued. Failure to give the foreign court notice of the petition for temporary recognition of a foreign guardianship precludes the court from granting the petition.
15-11-103.Requirements for temporary recognition of a foreign guardianship. (1) Upon satisfaction of the notice and petition requirements in section 15-11-102, Idaho Code, the foreign guardian shall be appointed guardian of the ward in this state without further notice or hearing. The guardianship shall be valid for up to twelve (12) months from the date of the appointment. Upon such appointment, the foreign guardian may deal with the ward in the same manner as a resident guardian. The foreign guardian shall account to the court of his or her original appointment for his or her actions in this state regarding the ward. The court, as a condition of appointment, may require the foreign guardian to appoint a resident agent for service of process and post an adequate surety bond or other security device to insure the faithful performance of his or her duties.
(2) A certified copy of the approved account shall be filed with the court prior to the discharge of the foreign guardian as guardian in this state.
PART 2. TEMPORARY RECOGNITION OF FOREIGN CONSERVATORSHIPS
15-11-201.Jurisdiction. A conservator who is appointed by a foreign court of competent jurisdiction for an incapacitated person (hereinafter "protected person") temporarily located in this state or whose property is located in this state, may petition to have the conservatorship recognized in this state. For purposes of this part, "temporary" means a period of time not to exceed twelve (12) consecutive months.
15-11-202.Petition and notice. (1) The petition for temporary recognition of a foreign conservatorship shall be filed in the court where the protected person or the protected person’s property is located.
(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;
(b) The address of the foreign court from which the conservatorship order was issued;
(c) The name of the judicial officer who authorized the foreign conservatorship;
(d) An explanation of the need for temporary recognition of the foreign conservatorship at this time; and
(e) A general statement of the protected person’s property located in this state and its estimated value.
(3) Notice of the petition for temporary recognition of a foreign conservatorship shall be given to the foreign court from which the conservatorship orders were issued. Failure to give the foreign court notice of the petition for temporary recognition of a foreign conservatorship precludes the court from granting the petition.
15-11-203.Requirements for temporary recognition of a foreign conservatorship. (1) Upon satisfaction of the notice and petition requirements in section 15-11-202, Idaho Code, the foreign conservator shall be appointed conservator of the protected person in this state without further notice or hearing. The conservatorship shall be valid for up to twelve (12) months from the date of the appointment. Upon such appointment, the foreign conservator may deal with the protected person in the same manner as a resident conservator. The foreign conservator shall account to the court of his or her original appointment for his or her actions in this state regarding the protected person. The court, as a condition of appointment, may require the foreign conservator to appoint a resident agent for service of process and post an adequate surety bond or other security device to insure the faithful performance of his or her duties.
(2) A certified copy of the approved account shall be filed with the court prior to the discharge of the foreign conservator as conservator in this state.
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."
|
