Revised Code of Washington
Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
11.90.400 - Procedure for transfer of guardianship or conservatorship to an out-of-state court.

RCW 11.90.400
Procedure for transfer of guardianship or conservatorship to an out-of-state court.

(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(2) Notice of a petition under subsection (1) 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 or conservator.
(3) On the court's own motion or on request of the guardian or conservator, the person under a guardianship, person under a conservatorship, or protected person, or other person required to be notified of the petition, 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 to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a) The person under a guardianship is physically present in or is reasonably expected to move permanently to the other state;
(b) 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 under a guardianship; and
(c) Plans for care and services for the person under a guardianship in the other state are reasonable and sufficient.
(5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a) 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 RCW 11.90.200(2);
(b) 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
(c) Adequate arrangements will be made for management of the protected person's property.
(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to RCW 11.90.410; and
(b) The documents required to terminate a guardianship or conservatorship in this state.

[ 2020 c 312 § 504; 2009 c 81 § 16.]
NOTES:

Effective dates—2020 c 312: See note following RCW 11.130.915.


Effective date—2009 c 81: See note following RCW 11.90.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 11 - Probate and Trust Law

Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

11.90.010 - Short title.

11.90.020 - Definitions.

11.90.030 - Foreign country treatment.

11.90.040 - Communications with out-of-state courts.

11.90.050 - Requests between in-state and out-of-state courts.

11.90.060 - Testimony and documentary evidence from another state.

11.90.200 - Definitions.

11.90.210 - Exclusive jurisdictional basis.

11.90.220 - Appointing a guardian or issuing a protective order.

11.90.230 - Special jurisdiction.

11.90.240 - Exclusive jurisdiction for court appointing a guardian or issuing a protective order.

11.90.250 - In-state court declining jurisdiction.

11.90.260 - Jurisdiction required by unjustifiable conduct.

11.90.270 - Notice of petition requirements when not respondent's home state on filing date.

11.90.280 - Rules when guardian appointment or protective order petition is filed in Washington and another state.

11.90.400 - Procedure for transfer of guardianship or conservatorship to an out-of-state court.

11.90.410 - Procedures for transfer of guardianship or conservatorship to Washington.

11.90.420 - Registering out-of-state guardianship.

11.90.430 - Registering an out-of-state protective order.

11.90.440 - Enforcement of guardianship or protective order from another state.

11.90.450 - Uniformity.

11.90.460 - Application of the federal electronic signatures in global and national commerce act.

11.90.470 - Application.