Can a child who lives in another state serve as guardian/conservator of an incompetent parent?

Your mom's state law is going to be critical in what is allowed.

I've been executrix twice (TX) and probate court is also where guardianship &/or conservatorship (G/C) are done and spend more hours there than I ever thought. Here's my thoughts: the probate judge is God and really what happens is totally within his or her purview and they take their job pretty seriously. They fully expect someone to show up in their court and like right now if need be. There will be reporting to the court on where the elder's funds went and if there are all sorts of money going to something the judge doesn't recognize (as it's out of state), that can be a problem. Realistically & usually you need a local G/C - even if your state allows for an out of state G/C. The court will require regular reporting and really someone local needs to do this. Most of the time, family will retain G/C but work with a local law firm to get all mailings and court notices so that judge is happy, the state is happy and everybody is on the same page.

Also the state may have it where someone who is a legal resident of the state to be the executor or the out of state executor have a local lawyer for mailings - so you might as well get an attorney now to work with you all for the long term.

All of you can be appointed to share equally if that is what you want. Talk it over and then decide what you all are going to do.

The law says "if no local conservator can be found" that an out-of -state conservator may be appointed. This gives the judge latitude, and much will depend on the attitude of the Judge, and the impression you make. Some Judges wouldn't even consider someone out of state, because if you are not in their jurisdiction, legal issues become very complicated when something runs amok.

I'm sorry, I thought the question said POA....was the question changed or is it just Friday? Does she have a POA...if not, you will have to apply to become guardian/conservator. You will have to check with your state or local attorney to find out. Also, if applying, check around for pricing. It is not cheap and attorney's will charge different amounts...shop it out! Hopefully, she has a POA that can save this expense and time.

Guardianship and POA are two different things. Many states recognize the POA of another state if you were to move the person in question. If you move her, be sure to check to see if your state will honor the other state's POA. BUT, if incompetent, she cannot sign a new one....but the simple answer is YES. I have many clients (as an Estate Advisor) in many other states....not the best situation, but if that is all the person has....that is all there is! Option, there are groups that can act as the agent of the POA.

Would it be a hardship to move her to one your states? they have nice homes in every state. Sometimes that is a good solution. You did not say if she was in a facility.if she is incompetent then she needs something stable.

Depends on the state. In the state of Ohio, one must live in Ohio when the person for whom they provide guardianship lives in Ohio. Ideally, you want someone who can monitor the person on a monthly, or more frequent basis. There are exceptions to the rule, but the court will have the final decision.

Thank you!

Yes