In this article, we explain, “How to transfer guardianship proceedings to another state.” Our guardianship attorneys answer:
In most cases, yes. But the speed in which they can be transferred heavily weighs on whether the state in question has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). The Act:
It’s always recommended to seek counsel in both states during a guardianship transfer, but this is especially true if one has not adopted the UAGPPJA. Illinois has adopted the Act, making it relatively simple to transfer guardianship to another state following the UAGPPJA.
But when transferring to a state that does not follow the Act, guardians should be prepared to start the guardianship process over by petitioning for a new appointment to be recognized in the new state. In some situations, two proceedings in two different states may be required to end guardianship in the home state and grant guardianship in the new state, rather than being able to transfer it.
If you’re ready to transfer a guardianship to another state, you’ll need to complete three main steps as follows.
Though not always required, a final accounting may need to be filed and approved prior to closing an original guardianship estate, if there are estate assets. On the same note, a current inventory of all estate assets may need to be filed with the new guardianship court upon arrival.
When a guardianship is being transferred from Illinois, it is required that all interested parties are notified of the transfer. Interested parties could include close family, heirs of the estate, and perhaps even creditors.
The purpose of this notice is to keep interested parties informed regarding the current care arrangements and living situation of a minor or disabled individual. The requirement also serves as an additional level of protection as it deters guardianship transfers with ill intent.
O'Flaherty Law is happy to meet with you by phone or at our office locations in: