P.R. Laws tit. 32, § 2677a

2019-02-20 00:00:00+00
§ 2677a. Accepting guardianship transferred from another state

(a) To confirm transfer of a guardianship transferred to Puerto Rico under provisions similar to § 2677 of this title, the guardian must petition the court in Puerto Rico to accept the guardianship. The petition must include a certified copy of the other state’s provisional order of transfer.

(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and Puerto Rico. The notice must be given in the same manner as notice is required to be given in Puerto Rico.

(c) On the court’s own motion or on request of the guardian, the incapacitated or protected person, or other person required to be notified of the proceeding, 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 filed under subsection (a) unless:

(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person, or

(2) the guardian is ineligible for appointment in Puerto Rico.

(e) The court shall issue a final order accepting the proceeding and appointing the guardian as guardian in Puerto Rico upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 2677 of this title transferring the proceeding to Puerto Rico.

(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship, the court shall determine whether the guardianship needs to be modified to conform to the laws of Puerto Rico.

(g) In granting a petition under this section, the court shall recognize a guardianship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian.

(h) The denial by a court of Puerto Rico of a petition to accept a guardianship transferred from another state does not affect the ability of the guardian to seek appointment as guardian in Puerto Rico under the guardianship provisions in §§ 661 et seq. of Title 31, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

History —Oct. 5, 2012, No. 296, § 8.2.