A guardian of the person having authority over an incapacitated person’s personal needs has many powers, among which is to choose the place of abode of the incapacitated person.  But where a guardian determines that the interests of their ward would be better served in another state, can the guardian transfer the guardianship out of or into New York?

Article 83 of New York’s Mental Hygiene Law

Thankfully, Article 83 of New York’s Mental Hygiene Law addresses jurisdictional and transfer issues relating to guardianship. Pursuant to the aforementioned law, a guardian in New York may petition the court to transfer his or her guardianship to another state.

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (“UAGPPJA”), which went into effect on April 21, 2014, established a set of rules for determining jurisdiction between multiple states in adult guardianship cases and created Article 83 of the Mental Hygiene Law.  It is important to note that Article 83 does not apply to Article 17 of the Surrogate’s Court Procedure Act because it only relates to adult protective proceedings and therefore excludes minors.

Contact Us to Transfer Guardianship to Another State

Transferring a guardianship from one state to another can be complicated, so it is important to seek counsel in both the original state and the state to which the guardianship is being transferred. The experienced attorneys at the Russo Law Group, P.C. are ready to assist you. Contact us today.