29-3-114. Required findings prior to granting petition to transfer; orderly and coordinated transfer of conservatorship.

The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:#

1. (1)

   The conservator is presently in good standing with the court; and#

2. (2)

   The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the minor.#

In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:#

1. (1)

   Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed;#

2. (2)

   Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:#

   1. (A)

      The initial petition for conservatorship and other filings relevant to the appointment of the conservator;#

   2. (B)

      Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship;#

   3. (C)

      Reports of physical or mental health practitioners describing the condition of the minor; and#

   4. (D)

      Periodic status reports on the condition of the minor and the minor’s assets; and#

3. (3)

   Require the conservator to file an inventory of the minor’s property at the time of the transfer to the foreign jurisdiction.#

As necessary to coordinate the transfer of the conservatorship the court is authorized to:#

1. (1)

   Delay the effective date of the transfer for a reasonable period of time;#

2. (2)

   Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction;#

3. (3)

   Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or#

4. (4)

   Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.#