                                 CODE OF VIRGINIA

TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE (§ 64.2-2114)

A. A guardian or conservator appointed in the Commonwealth may petition the
court to transfer the guardianship or conservatorship to another state.

B. Notice of a petition under subsection A shall be given to the persons that
would be entitled to notice of a petition in the Commonwealth for the
appointment of a guardian or conservator.

C. On the court&#8217;s own motion or on request of the guardian or conservator,
the incapacitated 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 A.

D. 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:

   1. The incapacitated 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 incapacitated person; and

   3. Plans for care and services for the incapacitated person in the other state
   are reasonable and sufficient.

E. 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:

   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 subsection B of
   &#xA7; 64.2-2105;

   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&#8217;s property.

F. The court shall issue a final order confirming the transfer and terminating
the guardianship or conservatorship 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
   &#xA7; 64.2-2115; and

   2. The documents required to terminate a guardianship or conservatorship in
   the Commonwealth.

HISTORY: 2011, c. 518, § 37.2-1046; 2012, c. 614.