uniform adult guardianship and protective proceedings jurisdiction act

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court shall hold a hearing on a petition filed pursuant to subsection (a).(d) The court shall issue an order provisionally granting a petition filed under subsection(a) unless:(1) an objection is made and the objector establishes that transfer of theproceeding would be contrary to the interests of the incapacitated or protected person; or(2) the guardian or conservator is ineligible for appointment in this state.(e) The court shall issue a final order accepting the proceeding and appointing theguardian or conservator as guardian or conservator in this state upon its receipt from the courtfrom which the proceeding is being transferred of a final order issued under provisions similar toSection 301 transferring the proceeding to this state.(f) Not later than [90] days after issuance of a final order accepting transfer of aguardianship or conservatorship, the court shall determine whether the guardianship orconservatorship 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 orconservatorship order from the other state, including the determination of the incapacitated orprotected person’s incapacity and the appointment of the guardian or conservator.(h) The denial by a court of this state of a petition to accept a guardianship orconservatorship transferred from another state does not affect the ability of the guardian orconservator to seek appointment as guardian or conservator in this state under [insert statutoryreferences to this state’s ordinary procedures law for the appointment of guardian or conservator]if the court has jurisdiction to make an appointment other than by reason of the provisional orderof transfer.33
[ARTICLE] 4REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATESGeneral CommentArticle 4 is designed to facilitate the enforcement of guardianship and protective ordersin other states. This article does not make distinctions among the types of orders that can beenforced. This article is applicable whether the guardianship or conservatorship is full orlimited. While some states have expedited procedures for sales of real estate by conservatorsappointed in other states, few states have enacted statutes dealing with enforcement ofguardianship orders, such as when a care facility questions the authority of a guardian appointedin another state. Sometimes, these sorts of refusals necessitate that the proceeding be transferredto the other state or that an entirely new petition be filed, problems that could often be avoided ifguardianship and protective orders were entitled to recognition in other states.Article 4 provides for such recognition. The key concept is registration. Section 401provides for registration of guardianship orders, and Section 402 for registration of protectiveorders. Following registration of the order in the appropriate county of the other state, and aftergiving notice to the appointing court of the intent to register the order in the other state, Section403 authorizes the guardian or conservator to thereafter exercise all powers authorized in theorder of appointment except as prohibited under the laws of the registering state.The drafters of the Act concluded that the registration of certified copies providessufficient protection and that it was not necessary to mandate the filing of authenticated copies.SECTION 401. REGISTRATION OF GUARDIANSHIP ORDERS. If a guardianhas been appointed in another state and a petition for the appointment of a guardian is notpending in this state, the guardian appointed in the other state, after giving notice to theappointing court of an intent to register, may register the guardianship order in this state by filingas a foreign judgment in a court, in any appropriate [county] of this state, certified copies of theorder and letters of office.SECTION 402. REGISTRATION OF PROTECTIVE ORDERS. If a conservatorhas been appointed in another state and a petition for a protective order is not pending in thisstate, the conservator appointed in the other state, after giving notice to the appointing court ofan intent to register, may register the protective order in this state by filing as a foreign judgment34
Page 2 and 3: ABOUT NCCUSLThe National Conference
Page 4 and 5: UNIFORM ADULT GUARDIANSHIP AND PROT
Page 9: petition for an appointment or orde
Page 12 and 13: protective proceedings statute].(3)
Page 14 and 15: ad litem, who is ordinarily appoint
Page 16 and 17: listened to a conference call betwe
Page 18 and 19: manner in which and the terms upon
Page 20 and 21: [ARTICLE] 2JURISDICTIONGeneral Comm
Page 22 and 23: this section and not in Section 102
Page 24 and 25: home state;to be notified of the pr
Page 26 and 27: (1) appoint a guardian in an emerge
Page 28 and 29: substantial evidence. Section 203 o
Page 30 and 31: Enforcement Act (1997) except that
Page 32 and 33: notice requirements of this state,
Page 34 and 35: [ARTICLE] 3TRANSFER OF GUARDIANSHIP
Page 36 and 37: (b) Notice of a petition under subs
Page 40 and 41: in a court of this state, in any [c
Page 42: [the effective date], regardless of

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