(a) The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that the:
(1) Guardian is presently in good standing with the court; and
(2) Transfer of the guardianship to the foreign jurisdiction is in the best interest of the minor.
(b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship the court is authorized to:
(1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the guardianship have been performed; and
(2) Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
(A) The initial petition for guardianship and other filings relevant to the appointment of the guardian;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship;
(C) Reports of physical and mental health practitioners describing the condition of the minor; and
(D) Periodic status reports on the condition of the minor.
(c) As necessary to coordinate the transfer of the guardianship, the court is authorized to:
(1) Delay the effective date of the transfer for a reasonable period of time;
(2) Make the transfer contingent upon the acceptance of the guardianship or appointment of the guardian in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or
(4) Make other arrangements that in the sound discretion of the court are necessary to transfer the guardianship.
Section: Previous 29-2-69 29-2-70 29-2-71 29-2-72 29-2-73Last modified: October 14, 2016