§ 28-74-502. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 […]
§ 28-74-504. Transitional provision
(a) This act applies to guardianship and protective proceedings begun on or after January 1, 2012. (b) Section 28-74-101 et seq., § 28-74-301 et seq., § 28-74-401 et seq., and §§ 28-74-501 and 28-74-502 apply to proceedings begun before January 1, 2012, regardless of whether a guardianship or protective order has been issued.
§ 28-74-505. Effective date
This act takes effect on January 1, 2012.
§ 28-74-403. Effect of registration
(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a […]
§ 28-74-501. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 28-74-106. Taking testimony in another state
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony […]
§ 28-74-201. Definitions — Significant connection factors
(a) In this subchapter: (1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf; (2) “Home state” means the state in […]
§ 28-74-202. Exclusive basis
This subchapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
§ 28-74-203. Jurisdiction
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent’s home state; (2) on the date the petition is filed, this state is a significant-connection state and: (A) the respondent does not have a home state or a court […]
§ 28-74-204. Special jurisdiction
(a) A court of this state lacking jurisdiction under § 28-74-203(1)-(3) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or […]