Title 28, — Appendix Administrative Order Number 12 — Official Probate Forms

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(1) hold an evidentiary hearing;(2) order a person in that state to produce evidence or give testimony pursuant to pro…

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…

(a) In this subchapter:(1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respon…

This subchapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

(1) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1) this state is the respondent's home state;(2) on the date the petition is filed, this state is a significant-connection state and:(A) the respondent does not have …

(a) A court of this state lacking jurisdiction under § 28-74-203(1)-(3) has special jurisdiction to do any of the following:(1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;(2) issue a protec…

Except as otherwise provided in § 28-74-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by it…

(a) A court of this state having jurisdiction under § 28-74-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines…

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:(1) decline to exercise jurisdiction;(2) exercise jurisdiction for the limited purpose of fashioning…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

(1) Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under § 28-74-204(a)(1) or (2) or § 28-74-204(c), if a petition for the appointment of a guardian or issuance of a protective or…

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state f…

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 28-74-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified c…

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…

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 s…

(a) 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 proceeding…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of…

(a) This act applies to guardianship and protective proceedings begun on or after January 1, 2012. (b) Section 28-74-101 et seq., § 28-74-301 et seq., § 28-74-401 et seq., and §§ 28-74-501 and 28-74-502 apply to proceedings begun before January 1, 2012, regardless of whether a gu…

This act takes effect on January 1, 2012.