US Lawyer Database

§ 28-75-102. Definitions

As used in this chapter: (1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (3) “Carries” […]

§ 28-74-205. Exclusive and continuing jurisdiction

Except as otherwise provided in § 28-74-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

§ 28-74-206. Appropriate forum

(a) A court of this state having jurisdiction under § 28-74-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction […]

§ 28-74-207. Jurisdiction declined by reason of conduct

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare […]

§ 28-74-208. Notice of proceeding

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to […]

§ 28-74-209. Proceedings in more than one state

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under § 28-74-204(a)(1) or (2) or § 28-74-204(c), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and […]

§ 28-73-1106. Application to existing relationships

(a) Except as otherwise provided in this chapter, on September 1, 2005: (1) this chapter applies to all trusts created before, on, or after September 1, 2005; (2) this chapter applies to all judicial proceedings concerning trusts commenced on or after September 1, 2005; (3) this chapter applies to judicial proceedings concerning trusts commenced before […]

§ 28-74-301. Transfer of guardianship or conservatorship to another state

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or […]

§ 28-74-101. Short title

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

§ 28-74-302. Accepting guardianship or conservatorship transferred from another state

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 28-74-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state’s provisional order of transfer. (b) Notice of a […]