Ky. Cir. Ct. Clerks' Manual UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT

96 UNIFORM ADULT GUARDIANSHIP AND

PROTECTIVE PROCEEDINGS ACT

KRS 387.810 - 854

District Court

The Uniform Adult Guardianship and Protective Proceedings Act creates procedures to

resolve interstate jurisdiction controversies. It governs transfers of cases in and out of

state and registration of foreign orders for enforcement purposes.

 Request from Out of State Court

 Transfer to Another State

 Transfer to this State

 Registration of Foreign Guardianship Order

 Registration of Foreign Protective Order

 Disability Proceedings

96.1 Request From Out of State Court

A court from another state in which a guardianship or protective proceeding is pending

may request assistance of a district court in our state to do any of the following:

• Hold an evidentiary hearing;

• Order a person in this state to produce evidence or give testimony pursuant

to procedures of this state;

• Order that an evaluation or assessment be made of the respondent;

• Order any appropriate investigation of a person involved in a proceeding;

• Forward to the court of that state a certified copy of the transcript or other

record of a hearing, evidence, and any evaluation or assessment prepared in

compliance with KRS 387.818(1);

• Issue any order necessary to ensure 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 protected person; and

• Issue an order authorizing the release of medical, financial, criminal, or other

relevant information in that state, including protected health information as

defined in 45 C.F.R. sec. 160.103, as amended.

A court of this state has jurisdiction for the limited purpose of granting the request or

making reasonable efforts to comply with the request.

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT

1. There is no filing fee. Quick Reference

2. Upon receipt of an order from another state court requesting district No filing fee

court to perform a duty regarding adult guardianship and/or adult

protective proceedings, apply the FILED stamp; add the date and your File, date, initial

initials.

3. The order will be filed in the confidential division of district court. Add

the case per the instructions in the Case Add section of the KyCourts

Manual and assign an H case number type using the next pre-numbered

folder and a trailer number.

Document type REQ

NOTE: A Certification Act of Congress is not required.

Deliver to judge

4. File the request on a document screen using document type REQ-

Request and memo details.

5. Give the file to your judge.

96.2 Transfer to Another State

KRS 387.840

A guardian or conservator appointed in this state may petition the court to

transfer the guardianship or conservatorship to another state.

96.2.1 Motion

1. Upon receipt of a motion of a guardian or conservator appointed in

district court to transfer the guardianship or conservatorship to another

state, apply the FILED stamp; add the date and your initials.

File, date, initial

2. Complete a scheduled event screen OH or MH event/motion type. Event type OH or MH

3. Notice of the motion and hearing shall be distributed to those on the

distribution list including:

• Petitioner

• Respondent

• Attorneys for both parties

• All persons named in petition or facility or person who respondent

resides

• Person appointed as limited guardian, guardian, limited conservator or

conservator

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT

96.3 Order

1. Upon receipt of an order granting or denying the motion to transfer the Quick Reference

guardianship or conservatorship apply the ENTERED stamp, add the Enter, date, initial

date and your initials.

2. Complete a document screen using document code OG – Order Granting Document code OG or

or OD – Order Denying. The court will order the guardian or conservator OD

to petition for guardianship or conservatorship in the other state. Give NOE

notice of entry by mailing the order to all parties.

NOTE: The order may be certified upon request.

File, date, initial

3. Upon receipt of a provisional order accepting the proceeding from the

court to which the proceeding is transferred, apply the FILED stamp;

add the date and your initials. Document code OO

4. Complete a document screen using document code OO and memo Order

Accepting Transfer.

5. Deliver the file to the district judge.

Enter, date, initial

6. Upon receipt of an order confirming the transfer and terminating the

guardianship or conservatorship, apply the ENTERED stamp, add the

date and your initials. Document code OO

7. Complete a document screen using document code OO and memo

“Order Confirming Transfer and Terminating the Guardianship or NOE

Conservatorship.”

8. Give notice of entry to all parties.

96.3.1 Transfer to this State

KRS 387.842

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.

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT

The petition shall include a certified copy of the other state's provisional order

of transfer.

1. Upon receipt of a petition to transfer a guardianship or conservatorship

to this state, apply the FILED stamp; add the date and your initials. File, date, initial

2. Collect the appropriate filing fee set forth in the Accounting Manual. Collect fees

3. Refer to the Case Add section of the KyCourts Manual for instruction on

adding a case in the confidential division of district court. Assign an H H Case

case number type using the next pre-numbered folder and a trailer

number.

Schedule event

4. At the court’s direction or upon a motion by the guardian or conservator

complete a scheduled event screen as appropriate.

5. Distribute per distribution list including: petitioner/petitioner’s attorney,

respondent/respondent’s attorney, county attorney and all persons

named in the petition.

6. Upon receipt of an order accepting the petition and appointing the Quick Reference

guardian or conservator as guardian or conservator in this state to

transfer the proceeding, apply the ENTERED stamp, add the date and Enter, date, initial

your initials. Document code OG

7. Enter the document using document code OG, Order Granting and memo NOE

details. Give Notice of Entry to all parties.

8. Create a ticker/scheduled event using event type REV no later than Create Tickler

ninety (90) days after issuance of a final order accepting transfer of a Event type REV

guardianship or conservatorship so the court may determine whether

the guardianship or conservatorship needs to be modified to conform to

the law of this state.

9. Upon receipt of an order denying the petition to accept the guardianship Enter, date, initial

or conservatorship of another state, apply the ENTERED stamp; add the Document code OD

date and your initials. Complete a document screen using document NOE

code OD. Give Notice of Entry to all parties.

NOTE: An order denying the petition does not affect the ability of the

guardian or conservator to seek appt. in the state by filing a petition for

guardianship or conservatorship.

96.4 Registration of a Foreign Guardianship Order

Receive and file as a foreign judgment.

96.5 Registration of a Foreign Protective Order

KRS 387.846

Receive and file as a foreign judgment.

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT

NOTE: This allows the out of state guardian to enforce property rights of the

ward in Kentucky.