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Planning Ahead for Peace of Mind

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By: Sipi Gupta | August 16, 2019

A guardianship proceeding can be very expensive, very time consuming, and very emotionally and physically draining—for the person who needs a guardian and the family members as well. This is because:

(1) A court petition must be filed.

(2) All interested parties must be served with notice.

(3) A court hearing must be held to review medical testimony and determine the capacity of the alleged incapacitated person.

(4) Guardians must be nominated and appointed.

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.

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) streamlines the procedure of transferring guardianships from one state to another. However, there are a number of states that have not passed this Act: Florida, Kansas, Wisconsin, and Michigan. To transfer guardianship to or from one of those four states, the guardianship process must be started from scratch.

However, if both the original state and the transferring state have adopted UAGPPJA (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act), then the process should be simplified and just require procedural paperwork.

Guardianships can be incredibly difficult and time consuming. You don’t want to have to do them more than once. If both states involved in the transfer have the UAGPPJA, then the streamlined procedure it affords should be less costly, less time consuming, and less grueling than starting the process anew.  In both New Jersey State and the Commonwealth of Pennsylvania, the Act has been in effect since 2012.

Gupta Law is an excellent resource if you’re considering a relocation. We 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.