(A) The court that appointed the guardian shall maintain jurisdiction over the guardianship until such time as:
(1) the proceeding is terminated following the death of the ward;
(2) the proceeding is terminated pursuant to a readjudication of incapacity;
(3) the court transfers the proceeding to another county's jurisdiction;
(4) the court transfers the proceedings to another state.
(B) If the court with competent jurisdiction determines that venue would be more appropriate:
(1) in another county of this State, the court shall notify the court in the other county and, after consultation with that court, determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of an order accepting a resignation or removing a guardian must be sent to the court in which acceptance of appointment is filed; or
(2) in another state, the first court shall follow the procedures set forth in Section 62-5-714.
HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-313, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
Editor's Note
Prior Laws: Former Section 62-5-310 was titled Temporary guardians, and had the following history: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 3; 1997 Act No. 152, Section 22; 2010 Act No. 244, Section 29, eff June 7, 2010. See now, Code 1976 Section 62-5-108.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
