2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.33 - Accepting Guardianship or Conservatorship Transferred From Another State.

§ 83.33 Accepting   guardianship  or  conservatorship  transferred  from
another state.
(a)  To  confirm  transfer  of  a  guardianship  of  the   person   or
guardianship  of the property transferred to this state under provisions
similar to section 83.31 of this article, the guardian of the person  or
guardian  of the property must petition the court in this state pursuant
to article eighty-one of  this  title  or  article  seventeen-A  of  the
surrogate's court procedure act to accept the guardianship of the person
or  guardianship  of the property. The petition must include a certified
copy of the other state's provisional order of transfer.
(b) Notice of a petition under subdivision (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 of the person 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 of the
person  or  guardian  of  the  property,  the  person  subject  to   the
guardianship of the person or protected person, or other person required
to  be  notified  of the proceeding, the court shall hold a hearing on a
petition filed pursuant to subdivision (a) of this section.
(d) The court shall issue an order provisionally granting  a  petition
filed under subdivision (a) of this section unless:
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  of  the  person  or  guardian  of  the  property is
ineligible for appointment in this state.
(e) The court shall issue a final order accepting the  proceeding  and
appointing  the  guardian  of  the person or guardian of the property as
guardian of the person or guardian of the property in  this  state  upon
its   receipt  from  the  court  from  which  the  proceeding  is  being
transferred of a final order issued under provisions similar to  section
83.31 of this article transferring the proceeding to this state.
(f)  Not  later  than  ninety  days  after  issuance  of a final order
accepting transfer of a guardianship of the person  or  guardianship  of
the  property, the court shall determine whether the guardianship of the
person or guardianship of the property 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 order  from  the  other  state,  including  the
determination  of  incapacity and the appointment of the guardian of the
person or guardian of the property.
(h) The denial by a court of this state of  a  petition  to  accept  a
guardianship  of  the person or guardianship of the property transferred
from another state does not affect the ability of the  guardian  of  the
person  or  guardian  of the property to seek appointment as guardian of
the person or guardian of the  property  in  this  state  under  article
eighty-one of this title or article seventeen-A of the surrogate's court
procedure act if the court has jurisdiction to make an appointment other
than by reason of the provisional order of transfer.