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How to Transfer Guardianship Proceedings to Another State

Updated on
April 24, 2020
Article written by
Attorney Kevin O'Flaherty

In this article, we explain, “How to transfer guardianship proceedings to another state.” Our guardianship attorneys answer:

  • Can guardianship proceedings be transferred to another state?
  • Steps to transferring a guardianship to another state
  • Notifying interested parties of a guardianship transfer

Can Guardianship Proceedings Be Transferred to Another State?

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:

  • Provides detailed and accurate rules for transferring guardianship between states
  • Allows states to recognize and register guardianship orders from other states
  • Determines jurisdiction by designating the origin state the “home state”
  • Protects against abuse and exploitation

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.

Steps to Transferring a Guardianship to Another State

If you’re ready to transfer a guardianship  to another state, you’ll need to complete three main steps as follows.


  • Step 1 — Open a guardianship case in the new state. This must be done before the guardianship case in Illinois can be closed. This ensures that there is always at least one guardianship court with authority.
  • Step 2 — File the certified order granting the new guardianship with the original guardianship court. This will allow a judge to close the original guardianship knowing that the minor or disabled person is still protected under new guardianship terms.
  • Step 3 — Finally, the original guardianship case must be closed in the original court. If this is not done, confusion could arise in the future regarding which court has the ultimate authority to make decisions related to the guardianship and involved parties.

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.

Notifying Interested parties of a Guardianship Transfer

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.


How to Transfer Guardianship Proceedings to Another State
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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