Chapter 44

COL12010615GCA ESTATES AND PROBATE CH.44NONRESIDENT WARD 1CHAPTER 44 NONRESIDENT WARDS § 4401. Jurisdiction to Appoint Guardian of Nonresident W ard. § 4402. Powers and Duties; Bond. § 4403. Removal of Property From Guam. § 4404. Notice of Application for Removal; Certificate Required. § 4405. Order Granting Remo val; Effect Thereof. § 4401. Jurisdiction to Appoint Guardian of Nonresi dent W ard. The Superior Court may appoint a guardian of the person and estate or person or estate, of a minor or insane or incom petent person who resides out of the territory of Gu amand who is within the territory of Guam or who has estate within Guam, and who has no guardian within Guam, upon petition of any friend of such person or of anyone interested in his estate, in expectancy or other wise. Before making such appointment, th e court or judge must cause notice to be given to all persons interested, in such manner as deemed reason able. The guardian - ship which is first granted of a nonresident ward extends to all the estate of the ward within the territory of Guam. SOURCE: Probate Code of Guam (1970), § 1570. § 4402. Powers and Duties; Bond.

n - ship which is first granted of a nonresident ward extends to all the estate of the ward within the territory of Guam. SOURCE: Probate Code of Guam (1970), § 1570. § 4402. Powers and Duties; Bond. Every guardian of a nonresident ward has the same powers and duties, with respect to the estate of the ward within the territory of Guam, and with r espect to the person of the ward while li ving therein, as are prescribed by this Title with respect to any other guardian. Such guardian must give bond to the ward as hereinbefore provided for other guardians, but his responsi bility with regard to inventory , accounting and disposal of the estate is confined to such estate as comes into his hands in the territory of Guam. SOURCE: Probate Code of Guam (1970), § 1571. § 4403. Rem oval of Property From Guam . When the guardian and ward are both nonresi dents, and the ward owns property in the territor y of Guam which may be removed to another country without conflict with any re striction or limita tion thereupon or impairing the right of the ward thereto, such property may be removed to COL12010615GCA ESTATES AND PROBATE CH.44NONRESIDENT WARD 2the country of the ward's resi dence upon

r limita tion thereupon or impairing the right of the ward thereto, such property may be removed to COL12010615GCA ESTATES AND PROBATE CH.44NONRESIDENT WARD 2the country of the ward's resi dence upon application of the guard ian to the Superior Court. SOURCE: Probate Code of Guam (1970), § 1572. § 4404. Notice of Application for Rem oval; Certificate Required. Such application must be made upon ten (10) days' notice to the resident guardian or executor or admin istrator, if there be such. The nonresident guardian must pro duce and file a certificate, under the hand of the cler k and seal of the court from which his appointment was derived, showing: (1) A transcript of the record of his appointment; (2) That he has entered upon the discharge of his duties; and (3) That he is entitled, by the laws of the jurisdiction in the country of his appointment, to the possession of the estate of the ward; or must produce and file a certificate, under the hand of the clerk and seal of the court having jurisdiction, in the country , state or territory of his resi - dence, of the estates of person under guardianship or of the highest court of such state, territory or country , attested, in the

aving jurisdiction, in the country , state or territory of his resi - dence, of the estates of person under guardianship or of the highest court of such state, territory or country , attested, in the case of a foreign country , by a minister, consul or vi ce consul of the United States, resident in such country , that, by the laws of such coun try, the applicant is entitled to the custody of the estate of his ward, without the appoint ment of any court. SOURCE: Probate Code of Guam (1970), § 1573. § 4405. Order Granting Rem oval; Effect Thereof . Upon such application, unless good cause to the contrary is shown, the court must make an order granting to such guardian leave to remove the property of his ward to the state, territory or country of his residence, which is authori ty to him to sue for and receive the same in his own name, for the use and benefit of his ward. Such order is a dis charge of the local guardian or executor, administrator or other person in whose possession the property may be at the time the order is made, on filing with the clerk of the court the nonresident guardian's receipt therefor and transmitting a duplicate receipt or a certified copy of such

n the property may be at the time the order is made, on filing with the clerk of the court the nonresident guardian's receipt therefor and transmitting a duplicate receipt or a certified copy of such receipt, to the court from which such nonresident guardian received his appointment. SOU RCE: Probate Code of Guam (1970), § 1574. ----------