2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.31 - Transfer of Guardianship or Conservatorship to Another State.

§ 83.31 Transfer of guardianship or conservatorship to another state.
(a)  A  guardian of the person or a guardian of the property appointed
in this state may petition the court to  transfer  the  guardianship  to
another state.
(b) Notice of a petition under subdivision (a) of this section must be
given  to  the persons that would be entitled to notice of a petition in
this state for the appointment of a guardian of the person or a guardian
of the property.
(c) On the court's own motion or on request of  the  guardian  of  the
person,  the  guardian  of  the  property,  the  person  subject  to the
guardianship of the person, or the protected  person,  or  other  person
required  to be notified of the petition, 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
to  transfer  a guardianship of the person and shall direct the guardian
of the person to petition for guardianship of the person  in  the  other
state if the court is satisfied that the guardianship of the person will
be accepted by the court in the other state and the court finds that:
1.  the person subject to the guardianship of the person is physically
present in or is reasonably expected to move permanently  to  the  other
state;
2.  an objection to the transfer has not been made or, if an objection
has been made, the objector has not established that the transfer  would
be  contrary  to the interests of the person subject to the guardianship
of the person; and
3. plans  for  care  and  services  for  the  person  subject  to  the
guardianship  of  the  person  in  the  other  state  are reasonable and
sufficient.
(e) The court shall issue a provisional order granting a  petition  to
transfer a guardianship of the property and shall direct the guardian of
the  property  to petition for guardianship of the property in the other
state if the court is satisfied that the guardianship  of  the  property
will  be  accepted  by  the court of the other state and the court finds
that:
1. the protected person is physically  present  in  or  is  reasonably
expected to move permanently to the other state, or the protected person
has  a significant connection to the other state considering the factors
in section 83.13 of this article;
2. an objection to the transfer has not been made or, if an  objection
has  been made, the objector has not established that the transfer would
be contrary to the interests of the protected person; and
3. adequate arrangements will be made for management of the  protected
person's property.
(f)  The  court  shall issue a final order confirming the transfer and
terminating the guardianship of the person or property upon its  receipt
of:
1.  a  provisional  order  accepting  the proceeding from the court to
which the  proceeding  is  to  be  transferred  which  is  issued  under
provisions similar to section 83.33 of this article; and
2. the documents required to terminate a guardianship of the person or
property in this state.