The baseline rule is that the disabled adult’s home state has jurisdiction over the guardianship proceeding. The disabled adult’s home state is defined as a state in which the disabled adult was physically present for at least six consecutive months immediately prior to the filing of the guardianship proceeding. A temporary absence counts toward this six month period. If the disabled adult does not have a “home state” because he or she has not lived in the same state for six consecutive months prior to filing the guardianship proceeding a state with a significant connection to the disabled adult may assert jurisdiction.

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O'Flaherty Law has always offered in person consultations at our nine convenient locations, but did you know that you can receive a consultation and receive legal services from one of our experienced and knowledgeable attorneys without leaving your home? We also include update local court information.