15-10-101 JURISDICTION. - Idaho Statutes

TITLE 15

UNIFORM PROBATE CODE

CHAPTER 10

TRANSFERS OF GUARDIANSHIPS AND CONSERVATORSHIPS TO A FOREIGN JURISDICTION

PART 1.

TRANSFER OF GUARDIANSHIP TO A FOREIGN JURISDICTION

15-10-101. Jurisdiction. (1) A guardian may petition the court to transfer a guardianship to a foreign court of competent jurisdiction if the ward or developmentally disabled person has moved permanently to the foreign jurisdiction.

(2) The ward or developmentally disabled person may be presumed to have moved permanently to a foreign jurisdiction if:

(a) He or she has resided in the foreign jurisdiction for more than twelve (12) consecutive months;

(b) The guardian notifies the court that the ward or developmentally disabled person intends to move or has moved permanently to the foreign jurisdiction; or

(c) A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship of the ward or developmentally disabled person in the foreign jurisdiction.

(3) To facilitate the transfer, the court may order the guardian to file a petition for receipt and acceptance of the guardianship by the foreign jurisdiction.

(4) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.