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30-3D-202
Section 30-3D-202 Duration of personal jurisdiction. Personal jurisdiction acquired
by a tribunal of this state in a proceeding under this chapter or other law of this state
relating to a support order continues as long as a tribunal of this state has continuing,
exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order
as provided by Sections 30-3D-205, 30-3D-206, and 30-3D-211. (Act 2015-284, §1.)...
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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) Upon
receipt of a petition for appointment of a conservator or other protective order because of
minority, the court shall set a date for hearing. If the court determines at any time in the
proceeding that the interests of the minor are or may be inadequately represented, it may
appoint an attorney to represent the minor, giving consideration to the choice of the minor
if 14 or more years of age. An attorney appointed by the court to represent a minor may be
granted the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
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26-2B-207
Section 26-2B-207 Jurisdiction declined by reason of conduct. (a)If at any time a court
of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective
order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure
the health, safety, and welfare of the respondent or the protection of the respondent's property
or prevent a repetition of the unjustifiable conduct, including staying the proceeding until
a petition for the appointment of a guardian or issuance of a protective order is filed in
a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after
considering: (A) the extent to which the respondent and all persons required to be notified
of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether
it is a more appropriate forum than the court of any other state...
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26-2A-137
Section 26-2A-137 Protective arrangements and single transactions authorized. (a) If
it is established in a proper proceeding that a basis exists for the appointment of a conservator
or protective order as described in Section 26-2A-130, the court, without appointing
a conservator, may authorize, direct, or ratify any transaction necessary or desirable to
achieve any security, service, or care arrangement meeting the foreseeable needs of the protected
person. Protective arrangements include payment, delivery, deposit, or retention of funds
or property; sale, mortgage, lease, or other transfer of property, including, but not limited
to the leasing of oil, gas, and other mineral rights of the protected person; entry into an
annuity contract, a contract for life care, a deposit contract, or a contract for training
and education; or addition to or establishment of a suitable trust. (b) If it is established
in a proper proceeding that a basis exists for the appointment of a conservator or...
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26-2B-105
Section 26-2B-105 Cooperation between courts. (a) In a guardianship or protective proceeding
in this state, a court of this state may request the appropriate court of another state to
do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state
to produce evidence or give testimony pursuant to procedures of that state. (3) Order that
an evaluation or assessment be made of the respondent. (4) Order any appropriate investigation
of a person involved in a proceeding. (5) Forward to the court of this state a certified copy
of the transcript or other record of a hearing under paragraph (1) or any other proceeding,
any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared
in compliance with an order under paragraph (3) or (4). (6) Issue any order necessary to assure
the appearance in the proceeding of a person whose presence is necessary for the court to
make a determination, including the respondent or the incapacitated or...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under
Section 26-2B-203 to appoint a guardian or issue a protective order may decline to
exercise its jurisdiction if it determines at any time that a court of another state is a
more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction
under subsection (a), it shall either dismiss or stay the proceeding. The court may impose
any condition the court considers just and proper, including the condition that a petition
for the appointment of a guardian or issuance of a protective order be filed promptly in another
state. (c) In determining whether it is an appropriate forum, the court shall consider all
relevant factors, including: (1) any expressed preference of the respondent; (2) whether abuse,
neglect, or exploitation of the respondent has occurred or is likely to occur and which state
could best protect the respondent from the abuse, neglect, or exploitation; (3) the...
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30-3D-207
Section 30-3D-207 Determination of controlling child-support order. (a) If a proceeding
is brought under this chapter and only one tribunal has issued a child-support order, the
order of that tribunal controls and must be recognized. (b) If a proceeding is brought under
this chapter, and two or more child-support orders have been issued by tribunals of this state,
another state, or a foreign country with regard to the same obligor and same child, a tribunal
of this state having personal jurisdiction over both the obligor and individual obligee shall
apply the following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls. (2) If more than one of the tribunals would
have continuing, exclusive jurisdiction under this chapter: (A) an order issued by a tribunal
in the current home state of the child controls; or (B) if an order...
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26-2A-158
Section 26-2A-158 Termination of proceedings. (a) The protected person, conservator,
or any other interested person may petition the court to terminate the conservatorship. A
protected person seeking termination is entitled to the same rights and procedures as in an
original proceeding for a protective order. If the conservator has accounted to the formerly
protected person, no accounting is necessary. The court, upon determining after notice and
hearing that the minority or disability of the protected person has ceased, shall terminate
the conservatorship. Upon termination, title to assets of the estate passes to the formerly
protected person or to successors. The order of termination must provide for expenses of administration
and direct the conservator to execute appropriate instruments to evidence the transfer. (b)
A conservator appointed by any court of this state, on termination or removal of the protected
person's minority or disability, may present a verified petition to the...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person,
whether arising in contract, tort, or otherwise, and liabilities of the estate which arise
at or after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court
of this state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective
proceeding who is trained in law, nursing, or social work, is an officer, employee, or special
appointee of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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26-2A-53
Section 26-2A-53 Request for notice; interested person. Upon payment of any required
fee, an interested person who desires to be notified before any order is made in a guardianship
proceeding, including any proceeding subsequent to the appointment of a guardian under Section
26-2A-111, or in a protective proceeding under Section 26-2A-130, may file a request
for notice with the clerk of the court in which the proceeding is pending. The clerk shall
mail a copy of the request to the guardian and to the conservator if one has been appointed.
A request is not effective unless it contains a statement showing the interest of the person
making it and the address of that person or an attorney to whom notice is to be given. The
request is effective only as to proceedings occurring after the filing. Any governmental agency
paying or planning to pay benefits to the person to be protected is an interested person in
protective proceedings. (Acts 1987, No. 87-590, p. 975, §1-404.)...
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