§ 33-15.2-101. Short title. This chapter shall be known and may be cited as the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.” History of Section.P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
§ 33-15.2-102. Definitions. As used 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 chapter 15 of title 33. (3) “Emergency” means circumstances that likely will result […]
§ 33-15.2-103. International application of chapter. A court of this state may treat a foreign country as if it were a state for the purposes of applying: §§ 33-15.2-101 through 302; and 33-15.2-501 through 504. History of Section.P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
§ 33-15.2-104. Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow all the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of […]
§ 33-15.2-105. Cooperation between courts. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce or give evidence pursuant to procedures of that state; (3) Order that […]
§ 33-15.2-106. Taking testimony in another state. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of witnesses who are 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 […]
§ 33-15.2-201. Significant connection factors. Determination of whether a respondent has a significant connection with a particular state shall include consideration of the following factors: (1) The location of the respondent’s family and others required to be notified of the guardianship or protective proceeding; (2) The length of time the respondent at any time was […]
§ 33-15.2-202. Exclusive basis. Section 8-9-9 entitled “general probate jurisdiction,” chapter 15 of title 33 entitled “limited guardianship and guardianship of adults”, and this chapter provide the jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. History of Section.P.L. 2015, ch. 210, § 1; […]
§ 33-15.2-203. Initial jurisdiction. In addition to the limited or special jurisdiction under § 33-15.2-204, 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 […]
§ 33-15.2-204. Special cases. (a) A court of this state lacking jurisdiction under § 33-15.2-203 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 […]
§ 33-15.2-205. Exclusive and continuing jurisdiction. Except as otherwise provided in § 33-15.2-204, 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. History […]
§ 33-15.2-206. Declining jurisdiction if another court is a more appropriate forum. (a) A court of this state having jurisdiction under § 33-15.2-203 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. […]
§ 33-15.2-207. 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 […]
§ 33-15.2-208. 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 […]
§ 33-15.2-209. Proceedings in more than one state. Except for a petition for the appointment of a guardian in an emergency or a protective order limited to property located in this state as provided in § 33-15.2-204(a)(1) or (a)(2), if a petition for the appointment of a guardian or protective order is filed in this […]
§ 33-15.2-301. Petition to transfer jurisdiction to another state. (a) Following the appointment of a guardian or conservator, the guardian or conservator may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of the petition to transfer a guardianship or conservatorship under subsection (a) of this section must be given […]
§ 33-15.2-302. Petition to accept proceeding transferred from another state. (a) Upon issuance of a provisional or temporary order in another state to transfer a guardianship or conservatorship to this state under provisions similar to those in § 33-15.2-301, the guardian or conservator shall petition the court in this state to accept the guardianship or […]
§ 33-15.2-401. Registration of guardianship orders. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, a guardian appointed in another state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this […]
§ 33-15.2-402. Registration of protective orders. If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in another state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by […]
§ 33-15.2-403. 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 […]
