Moving Out of State? Don’t Forget to Transfer Guardianship

Jun 4, 2021 | Guardianship

By Theresa Sullivan, B.S, A.A.S.

With so many people relocating, it’s important to understand the process of transferring guardianship rights to another state.  A guardianship judgment obtained in the State of New Jersey establishes your right to act as guardian in New Jersey, but it will not be honored in another state. Likewise, guardianships obtained in another state will not preserve your right to act as guardian in the State of New Jersey. Transferring of guardianship is an important legal step that must be done to protect the incapacitated person in the new state.

Transferring a guardianship is a two-step process that is oftentimes more complicated than obtaining guardianship initially. New Jersey is one of the states which has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) intended to simplify the process; however, it is too often confusing and laborious.  Even transferring between two states that have adopted the act can be a complex process.

“What I observe most frequently is the frustration and uncertainty that come with trying to navigate legal requirements in a new state,” says Alex M. Hilsen, Partner and Estate Planning Attorney at SGW. “Most parents are surprised by the level of procedure that is required to facilitate the transfer. That’s why it is recommended to obtain legal representation in both states.”

Hilsen notes that it is also a good time to remind all designated guardians to get up-to-date on your Guardianship Monitoring Program requirements. As a guardian, you are required to provide annual financial and well-being status updates to the court. While the court may not actively monitor your compliance, you will need to show that you are current with these requirements if you plan to move to another state, or transfer guardianship.

Hiring an experienced attorney will help you to preserve your rights and complete the process more quickly without adding extra weight to the stress that comes with moving. At Sussan, Greenwald & Wesler, Mr. Hilsen uses his financial expertise to help guide our clients in estate issues, including Special Needs Trusts, Wills, and General Estate Planning. Contact SGW today if you plan to move and have questions about transferring your guardianship.



Contact us now

For a Private Consultation

Latest Blog Posts

Common Estate Planning Questions (Part II)

Common Estate Planning Questions   Death, taxes … and probate? Not necessarily. You can avoid probate by planning ahead to create non-probate assets. Non-probate assets are assets that can be transferred after death to the joint owner without probate.   Why...

So You Think You Need an Expert: A Cautionary Tale (Part III)

So You Think You Need an Expert: A Cautionary Tale   Part III: Components of a Good Expert Evaluation   This blog is the third in a series of guiding parents in getting a good expert evaluation to serve as the foundation of their child’s IEP or 504 Plan....

Common Estate Planning Questions

Common Estate Planning Questions     What is Probate? Probate is the process through which an executor or administrator gathers the assets of a deceased person, pays their taxes and their debts, and finally transfers any remaining assets to the decedent’s...

So You Think You Need an Expert: A Cautionary Tale (Part II)

So You Think You Need an Expert: A Cautionary Tale Part II: How to Choose an Expert   A. Can We Use Our Pediatrician? Your pediatrician is your child’s regular physician. They perform health exams, do wellness checkups, give vaccinations, and diagnose and treat...

Special Needs Trusts for People with Disabilities

Special Needs Trusts for People with Disabilities     What is a Special Needs Trust? A Special Needs Trust (SNT) is an estate planning tool that permits parents, grandparents, guardians, or a court to set aside money or property or both for the person with a...

Categories

Year Published