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This entry was published on 2014-09-22
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SECTION 83.33
Accepting guardianship or conservatorship transferred from another state
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 83
§ 83.33 Accepting guardianship or conservatorship transferred from

another state.

(a) To confirm transfer of a guardianship of the person or
guardianship of the property transferred to this state under provisions
similar to section 83.31 of this article, the guardian of the person or
guardian of the property must petition the court in this state pursuant
to article eighty-one of this title or article seventeen-A of the
surrogate's court procedure act to accept the guardianship of the person
or guardianship of the property. The petition must include a certified
copy of the other state's provisional order of transfer.

(b) Notice of a petition under subdivision (a) of this section must be
given to those persons that would be entitled to notice if the petition
were a petition for the appointment of a guardian of the person or
issuance of a protective order in both the transferring state and this
state. The notice must be given in the same manner as notice is required
to be given in this state.

(c) On the court's own motion or on request of the guardian of the
person or guardian of the property, the person subject to the
guardianship of the person or protected person, or other person required
to be notified of the proceeding, 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
filed under subdivision (a) of this section unless:

1. an objection is made and the objector establishes that transfer of
the proceeding would be contrary to the interests of the incapacitated
or protected person; or

2. the guardian of the person or guardian of the property is
ineligible for appointment in this state.

(e) The court shall issue a final order accepting the proceeding and
appointing the guardian of the person or guardian of the property as
guardian of the person or guardian of the property in this state upon
its receipt from the court from which the proceeding is being
transferred of a final order issued under provisions similar to section
83.31 of this article transferring the proceeding to this state.

(f) Not later than ninety days after issuance of a final order
accepting transfer of a guardianship of the person or guardianship of
the property, the court shall determine whether the guardianship of the
person or guardianship of the property needs to be modified to conform
to the law of this state.

(g) In granting a petition under this section, the court shall
recognize a guardianship order from the other state, including the
determination of incapacity and the appointment of the guardian of the
person or guardian of the property.

(h) The denial by a court of this state of a petition to accept a
guardianship of the person or guardianship of the property transferred
from another state does not affect the ability of the guardian of the
person or guardian of the property to seek appointment as guardian of
the person or guardian of the property in this state under article
eighty-one of this title or article seventeen-A of the surrogate's court
procedure act if the court has jurisdiction to make an appointment other
than by reason of the provisional order of transfer.