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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
- Section 210. Accepting Guardianship or Conservatorship Transferred from Another State.
previous:
Section 200. Petition to Transfer Guardianship or Conservatorship to Another State.
next:
Section 300. Registration of Guardianship Orders.
AS 13.27.210. Accepting Guardianship or Conservatorship Transferred from Another State.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those in AS 13.27.200, the guardian or conservator must petition the court in this state to
accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(b) Notice of a petition under (a) of this section must 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 this state. The notice must be
given in the same manner as notice is required to be given in this state.
(c) 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 proceeding, the court may hold a hearing on a petition filed under (a) of this section.
(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 an appointment in this state.
(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in
this state on its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to AS 13.27.200 transferring the proceeding to this state.
(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall
determine whether the guardianship or conservatorship 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 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 a court of this state 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 this state under AS 13.26.266 or 13.26.401 if the court has jurisdiction to make an appointment other than by
reason of the provisional order of transfer.
Article 4. REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES
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