387.842 Accepting guardianship or conservatorship transferred from another
422 words·~2 min read·
/ky/387-842A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
state.
(1)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.
(2)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.
(3)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.
(4)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.
(5)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.
(6)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.
(7)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.
(8)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.