N.Y. MHY Law § 83.31 — New York Code / Act MHY / Title E / Article 83 / Section 83.31
Transfer of guardianship or conservatorship to another state
Status: in_force

§ 83.31 Transfer of guardianship or conservatorship to another state.\n  (a) A guardian of the person or a guardian of the property appointed\nin this state may petition the court to transfer the guardianship to\nanother state.\n  (b) Notice of a petition under subdivision (a) of this section must be\ngiven to the persons that would be entitled to notice of a petition in\nthis state for the appointment of a guardian of the person or a guardian\nof the property.\n  (c) On the court's own motion or on request of the guardian of the\nperson, the guardian of the property, the person subject to the\nguardianship of the person, or the protected person, or other person\nrequired to be notified of the petition, the court shall hold a hearing\non a petition filed pursuant to subdivision (a) of this section.\n  (d) The court shall issue an order provisionally granting a petition\nto transfer a guardianship of the person and shall direct the guardian\nof the person to petition for guardianship of the person in the other\nstate if the court is satisfied that the guardianship of the person will\nbe accepted by the court in the other state and the court finds that:\n  1. the person subject to the guardianship of the person is physically\npresent in or is reasonably expected to move permanently to the other\nstate;\n  2. an objection to the transfer has not been made or, if an objection\nhas been made, the objector has not established that the transfer would\nbe contrary to the interests of the person subject to the guardianship\nof the person; and\n  3. plans for care and services for the person subject to the\nguardianship of the person in the other state are reasonable and\nsufficient.\n  (e) The court shall issue a provisional order granting a petition to\ntransfer a guardianship of the property and shall direct the guardian of\nthe property to petition for guardianship of the property in the other\nstate if the court is satisfied that the guardianship of the property\nwill be accepted by the court of the other state and the court finds\nthat:\n  1. the protected person is physically present in or is reasonably\nexpected to move permanently to the other state, or the protected person\nhas a significant connection to the other state considering the factors\nin section 83.13 of this article;\n  2. an objection to the transfer has not been made or, if an objection\nhas been made, the objector has not established that the transfer would\nbe contrary to the interests of the protected person; and\n  3. adequate arrangements will be made for management of the protected\nperson's property.\n  (f) The court shall issue a final order confirming the transfer and\nterminating the guardianship of the person or property upon its receipt\nof:\n  1. a provisional order accepting the proceeding from the court to\nwhich the proceeding is to be transferred which is issued under\nprovisions similar to section 83.33 of this article; and\n  2. the documents required to terminate a guardianship of the person or\nproperty in this state.\n