According to the Centers for Disease Control and Prevention (CDC), one in three Americans will have a…
Transferring Guardianship from One State to Another
A guardianship proceeding can be very expensive, time-consuming, and emotionally and physically draining—for the person who needs a guardian and the family members as well.
Why Guardianship is Such a Hassle
- You have to file a petition with the court
- You have to serve notice of service on family members and the individual who is alleged to be incapacitated
- You have to go through a court hearing to determine if the alleged incapacitated person is actually incapacitated
- You have to determine who is going to be the guardian
Transferring Guardianship Between States
Transferring guardianship to different states adds to the inconvenience. For example, an appointed guardian lives in New Jersey, and some changes in either the guardian or the incapacitated person’s life make it necessary to move the incapacitated person to New York. The US Constitution does not grant full faith and credit to guardianships from different states. So, without any kind of statute, the whole guardianship process starts over again.
Helpful Legislation
The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) streamlines the procedure of transferring guardianships from one state to another. However, some states have not passed this Act, including:
- Florida
- Texas
- Kansas
- Michigan
The guardianship process must start from scratch to transfer guardianship to one of those four states.
But, if you’re lucky enough to live in, or wish to transfer to states that have the UAGPPJA, transferring guardianship is a matter of filing paperwork with the state initiating the transfer.
Example Process for Transferring Guardianship in New Jersey to New York
- File a petition in New Jersey asking the court to grant a provisional order to allow you to seek an application in New York to move the guardianship.
- Petition the New York court to accept the provisional order, review the New Jersey file for guardianship, and grant an order accepting the provisional order.
- Take the order from New York back to New Jersey, showing that New York has accepted it, and ask to be discharged from the guardianship. This would allow the move to New York to be completed.
- Guardianship is discharged from the court of New Jersey.
- Provide the New Jersey order to New York stating you’ve been discharged from New Jersey.
- New York will accept the order, and you now have guardianship in New York.
Guardianships can be incredibly difficult and time-consuming. You don’t want to have to do them more than once. If both states involved in the transfer have the UAGPPJA, the streamlined procedure it affords should be less costly, take less time, and be less grueling than starting the process over. You’ll need an estate planning attorney in New York to address guardianship in New York.
Find an Estate Planning Attorney
In New York State, the Act was enacted in 2013, and as of 2022, 45 states, Puerto Rico, the Virgin Islands, and Washington D.C, comply with the statute. Speak with an experienced attorney who has handled a number of these cases to understand your state laws.
It is important to speak with a qualified estate planning attorney in New York if you need to transfer guardianship to or from another state. Our attorneys are familiar with the process and the current legislation.
Please do not hesitate to contact Russo Law Group with questions. Benefit from our experience, as well as caring and compassionate staff. You may also take advantage of our free seminars and webinars to learn more about how Russo Law Group helps with guardianship proceedings.
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I live in Massachusetts but I would like to petition for custody of my aunts baby, she is a drug addict and so isn’t her boyfriend. DCF got involved and wouldn’t let her take the baby who is in the NICU home with her. Her boyfriend did a flush kit and out of luck passed the urinal test so DCF said he can take the baby who was born addicted home with him to live in his mothers basement. They live in New York though. I want to fight for custody how would I go about doing this?
I want to get guardianship over my nephew who lives in Oklahoma, but I live in Minnesota. So what is the first step. Do I contact Minnesota and let them know at all?
I want to get guardianship over my nephew who lives in Oklahoma, but I live in Minnesota. So what is the first step. Do I contact Minnesota and let them know at all? Or do I contact Oklahoma first
Wanting to get a permanent guardianship custody transferred from Iowa to the state of Florida
I want to transfer my sons guardianship from ma to ny
I currently reside in Missouri an Im looking to transfer from a puplick aminasrtater to a family member in colorado how can I do this please help me figure it out.
Thank you for your email. Since your question is regarding a legal matter outside of New York State, you should contact an attorney licensed in that state to address your situation. Laws may vary from state to state.
Please Note: This reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
Sincerely yours,
Janet Corsetti, Client Service Coordinator
What would be your fee to handle an uncontested transfer of a guardianship of an incapacitated parent from PA to NJ?
Thank you for your email. Since your question is regarding a legal matter outside of New York State, you should contact an attorney licensed in both states to address your situation. Laws may vary from state to state.
Please Note: This reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
Sincerely yours,
Janet Corsetti, Client Service Coordinator
Leslie,
thanks for reaching out to us.
You should raise your question with an attorney licensed in Texas.
Please note this reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
Sincerely Yours
Vincent J. Russo
It got me when you said that it can be inconvenient to transfer guardianship from one state to another. With that in mind, it’s better to look for a guardianship attorney who is actually specializing in that area so that they are well-versed in the process. And I think that it’s important to also find someone who is educated about the loss from the two states involved in the process such as where the person is coming from and where they are moving.
This article on transferring guardianship between states provides a clear and helpful explanation of a complex legal process. The detailed steps outlined make it easier to understand how to navigate transferring guardianship, especially when faced with the challenges of different state laws. Learning about the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) and its impact on simplifying the process is reassuring for anyone dealing with guardianship issues across state lines. The practical advice offered, along with the recommendation to consult with experienced attorneys, adds a sense of guidance and support for those in need of assistance. Overall, this article effectively breaks down a daunting topic and offers valuable insights for readers facing similar situations. Great job!
This article on transferring guardianship between states is a true lifesaver! It’s written in such a clear and straightforward manner that even I, as a young reader, can grasp the complexity of the process. Learning about the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) was eye-opening. It’s amazing how legislation can streamline such a cumbersome process and make life easier for families in need. The step-by-step example provided for transferring guardianship from New Jersey to New York made it all seem so much more manageable. Thanks to this article, I feel like I have a much better understanding of guardianship proceedings and the options available. Great job, Russo Law Group, P.C.!