Skip to main content
This part is included in your selections.
This section is included in your selections.

A. A guardian appointed by the Osage Nation Trial Court may petition the Court to transfer the guardianship to another tribe or state.

B. Notice of a petition under subsection (A) of this section shall be given to the persons that would be entitled to notice of a petition in the Osage Nation Trial Court for the appointment of a guardian.

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 petition, 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 to transfer a guardianship and shall direct the guardian to petition for guardianship in the other tribe or state if the Court is satisfied that the guardianship will be accepted by the court in the other tribe or state and the Court finds that:

1. The incapacitated person is physically present in or is reasonably expected to move permanently to the other tribe or 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 tribe or state are reasonable and sufficient.

E. The Court shall issue a final order confirming the transfer and terminating the guardianship 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 16 ONC § 6-180; and

2. The documents required to terminate a guardianship in the Osage Nation Trial Court. ONCA 13-34, eff. Apr. 19, 2013.