387.840 Transfer of guardianship or conservatorship to another state.

428 words·~2 min read·/ky/chapter-387/387-840

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A guardian or conservator appointed in this state may petition the court to transfer

the guardianship or conservatorship to another state.

(2)Notice of a petition under subsection

(1)of this section shall be given to the persons

that would be entitled to notice of a petition in this state for the appointment of a

guardian or conservator.

(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

petition, the court shall hold a hearing on a petition filed pursuant to subsection

of this section.

(4)The court shall issue an order provisionally granting a petition to transfer a

guardianship and shall direct the guardian to petition for guardianship in the other

state if the court is satisfied that the guardianship will be accepted by the court in

the other state and the court finds that:

(a)The incapacitated person is physically present in or is reasonably expected to

move permanently to the other state;

(b)An objection to the transfer has not been made or, if an objection has been

made, the objector has not established that the transfer would be contrary to

the interests of the incapacitated person; and

(c)Plans for care and services for the incapacitated person in the other state are

reasonable and sufficient.

(5)The court shall issue a provisional order granting a petition to transfer a

conservatorship and shall direct the conservator to petition for conservatorship in

the other state if the court is satisfied that the conservatorship will be accepted by

the court of the other state and the court finds that:

(a)The protected person is physically present in or is reasonably expected to

move permanently to the other state, or the protected person has a significant

connection to the other state considering the factors in KRS 387.822(2);

(b)An objection to the transfer has not been made or, if an objection has been

made, the objector has not established that the transfer would be contrary to

the interests of the protected person; and

(c)Adequate arrangements will be made for management of the protected

person's property.

(6)The court shall issue a final order confirming the transfer and terminating the

guardianship or conservatorship upon its receipt of:

(a)A provisional order accepting the proceeding from the court to which the

proceeding is to be transferred which is issued under provisions similar to

KRS 387.842; and

(b)The documents required to terminate a guardianship or conservatorship in this

state.