KRS 387.842: Accepting guardianship or conservatorship transferred from another

state.

(1) To confirm transfer of a guardianship or conservatorship transferred to this state

under provisions similar to KRS 387.840, the guardian or conservator shall petition

the court in this state to accept the guardianship or conservatorship. The petition

shall include a certified copy of the other state's provisional order of transfer.

(2) Notice of a petition under subsection (1) of this section shall be given to those

persons that would be entitled to notice if the petition were a petition for the

appointment of a guardian or issuance of a protective order in both the transferring

state and this state. The notice shall be given in the same manner as notice is

required to be given in this state.

(3) On the court's own motion or on request of the guardian or conservator, the

incapacitated 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 subsection

(1) of this section.

(4) The court shall issue an order provisionally granting a petition filed under

subsection (1) of this section unless:

(a) 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

(b) The guardian or conservator is ineligible for appointment in this state.

(5) The court shall issue a final order accepting the proceeding and appointing the

guardian or conservator as guardian or conservator in this state upon its receipt from

the court from which the pr oceeding is being transferred of a final order issued

under provisions similar to KRS 387.840 transferring the proceeding to this state.

(6) Not later than ninety (90) days after issuance of a final order accepting transfer of a

guardianship or conservatorship, the court shall determine whether the guardianship

or conservatorship needs to be modified to conform to the law of this state.

(7) In granting a petition under this section, the court shall recognize a guardianship or

conservatorship order from the other state, including the determination of the

incapacitated or protected person's incapacity and the appointment of the guardian

or conservator.

(8) The denial by a court of this state of a petition to accept a guardianship or

conservatorship transferred from another state does not affect the ability of the

guardian or conservator to seek appointment as guardian or conservator in this state

under this chapter if the court has jurisdiction to make an appointment other than by

reason of the provisional order of transfer.