When you’re appointed as a guardian, your responsibility is to care for another person. This role includes making decisions on their behalf and managing their affairs effectively. But what happens when you need to manage guardianship from another state, or when circumstances require the guardianship to be transferred entirely to a different state? Whether you’re moving or need to change the terms of your guardianship, there are several things you need to know about the transfer and management of guardianships across state lines.
Can a Guardianship in Minnesota Be Managed from Out of State?
Managing a guardianship from out of state is feasible, but it comes with challenges and specific requirements. In Minnesota, as in many states, the law does not expressly forbid managing a guardianship from another state. However, practical issues such as geographical distance can complicate matters, especially when personal interactions or court appearances are generally necessary.
Guardians are often required to be readily available to attend to the person subject to the guardianship’s needs. Long-distance guardianship might limit the guardian’s ability to respond quickly to emergencies. An out-of-state guardian may need to appoint a legal representative or an attorney in Minnesota to handle affairs that require physical presence. Some Minnesota courts might require the guardian to provide detailed plans on how they will manage their duties from a distance, including methods of maintaining regular communication with the ward and the court.
Can You Transfer a Guardianship to Another State?
Transferring a guardianship between states can be less complicated than managing it from a distance, but it’s still a process that needs to be managed diligently due to differing state laws regarding guardianship. The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which has been adopted by many states, including Minnesota, facilitates the transfer process but still requires adherence to a multi-step legal process. This process can include:
- Mutual Recognition: both the originating state and the receiving state must have adopted the UAGPPJA for the streamlined transfer process to apply.
- Initiating Transfer: the process generally begins in the current state of the guardianship, where the guardian must petition the court to transfer the guardianship to the new state.
How to Transfer a Guardianship to Another State
Transferring guardianship involves several detailed steps that must be carefully followed to ensure the transfer is legal and accepted by both states:
- Petition for Transfer in Current State: the existing guardian files a petition with the court where the guardianship was originally established, requesting permission to transfer the guardianship to the new state. The petition should include reasons for the transfer, consent from the ward if possible, and proof that the transfer would not adversely affect the ward’s well-being.
- Notice of Petition: the person subject to the guardianship along with other interested parties must be notified of the petition and given an opportunity to object or provide input.
- Provisional Order to Transfer: if the court finds the transfer to be in the best interest of the person subject to the guardianship, it will issue a provisional order approving the transfer. However, the transfer is not complete until the new state accepts the guardianship.
- Petition for Acceptance in the New State: once the provisional order is granted, the guardian must petition the court in the new state to accept the guardianship. This petition must demonstrate that the provisional transfer has been approved and that moving the guardianship to the new state is beneficial for the ward.
- Final Orders: if the new state’s court agrees to accept the guardianship, it will issue a final order accepting the transfer. The original state’s court will then issue a final order transferring the guardianship, officially moving the responsibility to the new state.
For more information on transferring a guardianship in Minnesota, review the court’s guide here or find more information on the MN Statutes here.
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