Transferring Guardianship, IN to CO?
QUOTE="Goldenseal, post: 16395577, member: 268769"]IIRC, permanent guardianship of SM was approved Sept. 1 in Indiana, because the property BM wanted to sell was in Indiana. Since the guardianship will transfer to Colorado (states accept other states' guardianship declarations), now BM can sell, buy, etc., as if she didn't exist. Not all states are like that -- here in VA, being a missing person is NOT considered incapacitated -- and in those states, she'd have to be declared dead after 5 or 7 years. MOO.[/QUOTE]
@Goldenseal Agreeing w you that generally guardianships CAN be transferred, per provisions of
Uniform Adult Guardianship and Protective Proceedings Act* (of adopting states) which addresses interstate jurisdictional issues.
Without having seen petition, court orders, & other IN ct dox, I wonder whether that WILL happen in this instance.
Per below* orders are necessary from courts in both IN and CO, and the transferring IN court must find that the incapacitated person is physically present in CO.
Can/will IN judge make such a finding of fact, that SM is
physically present in CO?
Awkward for BM
to allege? acknowledge? ^, as
(presumably) petition claimed SM was
unable to be located.
I could be hair splitting, so I welcome comment, clarification, correction, esp'ly from our legal professionals. Or could be absolutely, positively wrong.
ETA: Transferring gdn'ship case is not quite as simple as sending a package by FedEx from one state to another.
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* Article 3 specifies a procedure for transferring an already existing guardianship or conservatorship to another state. To make the transfer, court orders are necessary from both the court transferring the case and from the court accepting the case. The transferring court must find that the incapacitated or protected person is physically present in or is reasonably expected to move permanently to the other state, that adequate arrangements have been made for the person or the person’s property in the other state, and that the court is satisfied the case will be accepted by the court in the other state. To assure continuity, the court in the transferring state cannot dismiss the local proceeding until the order from the state accepting the case is filed with the transferring court. To expedite the transfer process, the court in the accepting state must give deference to the transferring court’s finding of incapacity and selection of the guardian or conservator.
^ Section numbers of UAGPPA developed by Uniform Law Commission, not section numbers of IN or CO statutes.
^ https://www.uniformlaws.org/HigherL...8fd-7d13-4d14-053c-7160a2c1a9c3&forceDialog=0
