Title 3 — Title 3 — Guardian And Ward
9 chapters · 218 sections in this title.
W.S. § 3-8-101 Short title
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Short title. This act may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
W.S. § 3-8-102 (a) Definitions
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(a) Definitions. As used in this act: (i) "Adult" means an individual who has attained eighteen (18) years of age; (ii) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under W.S. 3-3-101 through 3-3-1106; (i…
W.S. § 3-8-103 "This act" means W.S
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"This act" means W.S. 3-8-101 through 3-8-502. International application of act. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and articles 2, 3 and 5 of this act.
W.S. § 3-8-104 Communication between courts
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Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this sectio…
W.S. § 3-8-105 Cooperation between courts
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Cooperation between courts. (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: (i) Hold an evidentiary hearing; (ii) Order a person in that state to produce evidence or…
W.S. § 3-8-106 Taking testimony in another state
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Taking testimony in another state. (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…
W.S. § 3-8-201 (a) Definitions; significant connection factors
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(a) Definitions; significant connection factors. As used in this article: (i) "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 …
W.S. § 3-8-202 Exclusive basis
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Exclusive basis. This act provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
W.S. § 3-8-203 Jurisdiction
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Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (i) This state is the respondent's home state; (ii) On the date the petition is filed, this state is a significant-connection state and: (A) The respond…
W.S. § 3-8-204 Special jurisdiction
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Special jurisdiction. (a) A court of this state lacking jurisdiction under W.S. 3-8-203(a)(i) through (iii) has special jurisdiction to do any of the following: (i) Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically pre…
W.S. § 3-8-205 Exclusive and continuing jurisdiction
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Exclusive and continuing jurisdiction. Except as otherwise provided in W.S. 3-8-204, a court that has appointed a guardian or issued a protective order consistent with this act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or th…
W.S. § 3-8-206 Appropriate forum
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Appropriate forum. (a) A court of this state having jurisdiction under W.S. 3-8-203 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…
W.S. § 3-8-207 Jurisdiction declined by reason of conduct
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Jurisdiction declined by reason of conduct. (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: (i) Decline to exercise jurisdiction; (ii) Exercise jur…
W.S. § 3-8-208 Notice of proceeding
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Notice of proceeding. 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 st…
W.S. § 3-8-209 Proceedings in more than one state
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Proceedings in more than one state. (a) 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 W.S. 3-8-204(a)(i) or (ii), if a petition for the appointment of a guardian or issuanc…
W.S. § 3-8-301 Transfer of guardianship or conservatorship to another state
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Transfer of guardianship or conservatorship to another state. (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) of this section shall be give…
W.S. § 3-8-302 Accepting guardianship or conservatorship transferred from another state
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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 W.S. 3-8-301, the guardian or conservator shall petition the court in this state to accept …
W.S. § 3-8-401 Registration of guardianship orders
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Registration of guardianship orders. 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, m…
W.S. § 3-8-402 Registration of protective orders
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Registration of protective orders. 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 regi…
W.S. § 3-8-403 Effect of registration
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Effect of registration. (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 maintainin…
W.S. § 3-8-501 Application
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Application. (a) This act shall apply to any guardianship and protective proceeding begun on or after the effective date of this act. (b) Articles 1, 3 and 4 of this act shall apply to any proceeding begun before the effective date of this act, regardless of whether a guardianshi…
W.S. § 3-8-502 Relation to electronic signatures in global and national commerce act
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Relation to electronic signatures in global and national commerce act. This act 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 a…