N.Y. Mental Hygiene Law § 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.