(a) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the ward. The notice shall:
(1) State that the ward has a right to a hearing on the petition;
(2) Inform the ward of the procedure to exercise the ward's right to a hearing; and
(3) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the transfer of the guardianship.
(b) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be provided to the foreign court from which the guardianship is to be transferred. Notice to the foreign court shall include a request that the foreign court:
(1) Certify whether:
(A) The foreign court has any record that the guardian has engaged in malfeasance, misfeasance, or nonfeasance during the guardian's appointment;
(B) Periodic reports have been filed in a satisfactory manner; and
(C) All bond or other security requirements imposed under the guardianship have been performed; and
(2) Forward copies of all documents filed with the foreign 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 foreign court to evaluate the appropriateness of the guardianship;
(C) Reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs;
(D) Periodic status reports on the condition of the ward; and
(E) The order to transfer the guardianship, if any.
(c) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the right to object to the petition for receipt and acceptance of the guardianship by this state.
(d) The ward shall have 30 days from the date of service to request a hearing on the petition for receipt and acceptance of a foreign guardianship. All other persons to whom notice is given under this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition.
(e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if:
(1) The guardian has filed a petition in the foreign court for transfer and release of the guardianship to this state;
(2) Notice was given to the ward and all interested persons in conjunction with the petition for transfer and release of the guardianship;
(3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the guardianship filed with the foreign court and proof that service was made on the ward not more than 90 days from the date the petition for receipt and acceptance of the guardianship is filed in the court; and
(4) The ward is represented by legal counsel with respect to the petition in the foreign court.
Section: 29-4-85 29-4-86 29-4-87 29-4-88 NextLast modified: October 14, 2016