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This entry was published on 2014-09-22
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SECTION 83.31
Transfer of guardianship or conservatorship to another state
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 83
§ 83.31 Transfer of guardianship or conservatorship to another state.

(a) A guardian of the person or a guardian of the property appointed
in this state may petition the court to transfer the guardianship to
another state.

(b) Notice of a petition under subdivision (a) of this section must be
given to the persons that would be entitled to notice of a petition in
this state for the appointment of a guardian of the person or a guardian
of the property.

(c) On the court's own motion or on request of the guardian of the
person, the guardian of the property, the person subject to the
guardianship of the person, or the protected person, or other person
required to be notified of the petition, the court shall hold a hearing
on a petition filed pursuant to subdivision (a) of this section.

(d) The court shall issue an order provisionally granting a petition
to transfer a guardianship of the person and shall direct the guardian
of the person to petition for guardianship of the person in the other
state if the court is satisfied that the guardianship of the person will
be accepted by the court in the other state and the court finds that:

1. the person subject to the guardianship of the person is physically
present in or is reasonably expected to move permanently to the other
state;

2. an objection to the transfer has not been made or, if an objection
has been made, the objector has not established that the transfer would
be contrary to the interests of the person subject to the guardianship
of the person; and

3. plans for care and services for the person subject to the
guardianship of the person in the other state are reasonable and
sufficient.

(e) The court shall issue a provisional order granting a petition to
transfer a guardianship of the property and shall direct the guardian of
the property to petition for guardianship of the property in the other
state if the court is satisfied that the guardianship of the property
will be accepted by the court of the other state and the court finds
that:

1. the protected person is physically present in or is reasonably
expected to move permanently to the other state, or the protected person
has a significant connection to the other state considering the factors
in section 83.13 of this article;

2. an objection to the transfer has not been made or, if an objection
has been made, the objector has not established that the transfer would
be contrary to the interests of the protected person; and

3. adequate arrangements will be made for management of the protected
person's property.

(f) The court shall issue a final order confirming the transfer and
terminating the guardianship of the person or property upon its receipt
of:

1. a provisional order accepting the proceeding from the court to
which the proceeding is to be transferred which is issued under
provisions similar to section 83.33 of this article; and

2. the documents required to terminate a guardianship of the person or
property in this state.