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District of Columbia Official Code 2001 Edition. |
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Division III. Decedents' Estates and Fiduciary Relations. |
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Title 21. Fiduciary Relations and Persons with Mental Illness. |
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Chapter 24. Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act. |
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Subchapter III. Transfer of Guardianship or Conservatorship.
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(a) A guardian or conservator appointed in the District of Columbia may petition the Superior Court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) of this section shall be given to the persons that would be entitled to notice of a petition in the District of Columbia for the appointment of a guardian or conservator.
(c) On the Superior Court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the Superior Court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The Superior Court shall issue a provisional order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the Superior Court is satisfied that the guardianship will be accepted by the court in the other state and the Superior Court finds that:
(1) The incapacitated 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 incapacitated person; and
(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The Superior Court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the Superior Court is satisfied that the conservatorship will be accepted by the court of the other state and the Superior 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 § 21-2402.01(b);
(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 Superior Court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship 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 § 21-2403.02; and
(2) The documents required to terminate a guardianship or conservatorship in the District of Columbia.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 301 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) To confirm transfer of a guardianship or conservatorship transferred to the District of Columbia under provisions similar to § 21-2403.01, the guardian or conservator shall petition the Superior Court to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.
(b) Notice of a petition under subsection (a) of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and the District of Columbia. The notice shall be given in the same manner as notice is required to be given in the District.
(c) On the Superior Court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the Superior Court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The Superior Court shall issue a provisional order granting a petition filed under subsection (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 or conservator is ineligible for appointment in the District of Columbia.
(e) The Superior Court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in the District of Columbia upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 21-2403.01 transferring the proceeding to the District.
(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the Superior Court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of the District of Columbia.
(g) In granting a petition under this section, the Superior Court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
(h) The denial by the Superior Court of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in the District of Columbia under §§ 21-2001 to 21-2077 if the Superior Court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 302 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
