§ 6-180. Confirmation of transfer of guardianship.
A. To confirm transfer of a guardianship transferred to the Osage Nation Trial Court under provisions similar to 16 ONC § 6-179, the guardian shall petition the Osage Nation Trial Court to accept the guardianship. The petition shall include a certified copy of the other tribe’s or state’s provisional order of transfer.
B. Notice of a petition under subsection (A) of this section shall 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 tribe or state and the Osage Nation Trial Court. The notice shall be given in the same manner as notice is required to be given in Osage Nation Trial Court.
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) of this section.
D. The Court shall issue an order provisionally granting a petition filed under subsection (A) of this section 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 the Osage Nation Trial Court.
E. The Court shall issue a final order accepting the proceeding and appointing the guardian as guardian in the Osage Nation Trial Court upon its receipt from the Court from which the proceeding is being transferred of a final order issued under provisions similar to 16 ONC § 6-179 transferring the proceeding to the Osage Nation.
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 the Osage Nation.
G. In granting a petition under this section, the Court shall recognize a guardianship order from the other tribe or state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian.
H. The denial by the Osage Nation Trial Court of a petition to accept a guardianship transferred from another tribe or state does not affect the ability of the guardian to seek appointment as guardian in the Osage Nation Trial Court which has jurisdiction to make an appointment other than by reason of the provisional order of transfer. ONCA 13-34, eff. Apr. 19, 2013.