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Transferring Guardianship Between States

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Special Needs Alliance
Transferring Guardianship Between States

With the increasing mobility of American families, the need to transfer guardianships between states is on the upswing. A new job (or military assignment) supports that better meet the ward’s needs, or even a more favorable climate are among the many motivations.


Moving is one of the most stressful things that anyone can do, let alone helping someone who has special needs move. Different states have different rules that may further complicate a move involving a person who is under guardianship. Commonly, guardians may need to take special steps to help their ward maintain or re-apply for government benefits, such as Medicaid or SSI (Supplemental Security Income). Guardians seeking to move their wards from the state that originally granted them guardianship should also consider whether the new state would recognize their authority.


But even when UAGPPJA has been adopted by both states, there can be additional details to work out. Different terminology may be used in each jurisdiction, requiring attorney time to work through the semantics. And in my home state of Hawaii, where UAGPPJA is taking effect this year, the legislation includes a caveat indicating that the court may request an evidentiary hearing when transfers are requested. So, while unlikely, extensive proceedings are still a possibility.


The Special Needs Alliance, with highly experienced member attorneys in most states, is an excellent resource if you’re considering a relocation. They can advise you concerning not only the requirements for transferring guardianship, but of differences in public programs and the availability of local services. Begin early to plan for such a move.


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