A diagnosis of dementia, a category of diseases affecting memory and thinking that includes Alzheimer’s disease,…
** This article has been revised from its original version which was published on November 17, 2016.
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.
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:
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, P.C, 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, P.C., helps with guardianship proceedings.