N.Y. Mental Hygiene Law § 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.