§ 28-75-103. Applicability
(a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after August 1, 2017; (2) a personal representative acting for a decedent who died before, on, or after August 1, 2017; (3) a guardianship of the estate proceeding commenced before, on, or after August 1, […]
§ 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 […]
§ 28-74-102. Definitions
In this chapter: (1) “Adult” means an individual who has attained eighteen (18) years of age. (2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under § 28-67-105. (3) “Guardian” means a person appointed by the court to make decisions regarding the person of […]