Thanks - I am heading back there to review. I kind of recall seeing that discussion and leaving it still puzzled as to if the guardianship transfer to CO was definitively a ‘done deal’.
I think I found the answer. Posted by oviedo back on September 1st:
CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #30
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2017 Colorado Revised Statutes :: Title 15 - Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 14.5 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
I think it will extend to CO....
JMO”
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From the link above:
2017 Colorado Revised Statutes
Title 15 - Probate, Trusts, and Fiduciaries
Colorado Probate Code
Article 14.5 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Part 3 - Transfer of Guardianship or Conservatorship
§ 15-14.5-301. Transfer of guardianship or conservatorship to another state
Universal Citation:
CO Rev Stat § 15-14.5-301 (2017)
(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(2) Notice of a petition under subsection (1) 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 or conservator.
(3) On the 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 court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(b) 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
(c) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(5) The 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 court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a) 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 15-14.5-201 (2);
(b) 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
(c) Adequate arrangements will be made for management of the protected person's property.
(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a) 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 15-14.5-302; and
(b) The documents required to terminate a guardianship or conservatorship in this state.
2017 Colorado Revised Statutes
Title 15 - Probate, Trusts, and Fiduciaries
Colorado Probate Code
Article 14.5 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Part 4 - Registration and Recognition of Orders From Other States
§ 15-14.5-401. Registration of guardianship orders
Universal Citation:
CO Rev Stat § 15-14.5-401 (2017)
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
§ 15-14.5-402. Registration of protective orders
Universal Citation:
CO Rev Stat § 15-14.5-402 (2017)
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
§ 15-14.5-403. Effect of registration
Universal Citation:
CO Rev Stat § 15-14.5-403 (2017)
(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(2) A court of this state may grant any relief available under this article and other law of this state to enforce a registered order.
