Utah Code 75-5b-105. Cooperation between courts
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(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
Terms Used In Utah Code 75-5b-105
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:(24)(a) receive and evaluate information;(24)(b) make and communicate decisions; or(24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
- Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Protected person: means a person for whom a conservator has been appointed. See Utah Code 75-1-201 v2
- Protective proceeding: means a proceeding described in Section
75-5-401 . See Utah Code 75-1-201 v2- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-1-201 v2
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(1)(a) hold an evidentiary hearing;(1)(b) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;(1)(c) order that an evaluation or assessment be made of the respondent;(1)(d) order any appropriate investigation of a person involved in a proceeding;(1)(e) forward to the court of this state a certified copy of the transcript or other record of a hearing under Subsection(1)(a) or any other proceeding, any evidence otherwise produced under Subsection(1)(b) , and any evaluation or assessment prepared in compliance with an order under Subsection(1)(c) or(d) ;(1)(f) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and(1)(g) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 164.504.
(2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in Subsection (1) , a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.