Do I "have to” transfer guardianship if I move my mom to a different state or is it just recommended?

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best4ward Asked August 2019

Do I "have to” transfer guardianship if I move my mom to a different state or is it just recommended?

I am legal guardian of person and estate in AR and plan to move mom to MO where more family members live. She will remain there for the remainder of her life, then brought back to AR for burial next to my dad. Can I just move her without having to transfer my guardianship?

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score 0 · Answer 1

I realize that you already have guardianship. But talking to a lawyer might make it easier for you to find out what the rules are in Missouri. Here's one article that might help make sense of things: https://www.specialneedsalliance.org/transferring-guardianship-between-states/

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I have visited this site previously unfortunately the nearest SNA is faraway and the cost of them taking the case would be substantial

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score 0 · Answer 2

I suggest talking to a lawyer about this.

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Have spoken to attrny in MO but I'm not trying to get Guardianship I already am Guardian in AR. Under the UAGPPJA is supposed to make this a jurisdiction issue not a guardianship issue

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score 0 · Answer 3

Did you go to court and become a court appointed guardian in AZ or did she give you DPOA for financial and medical affairs and appoint you Executor of her estate? I ask because I think the distinctions are important and have a big affect on the answer to your question. I also know that it can be very confusing and people often mix up the terms or think of Guardianship and DPOA as the same thing.

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State of Arkansas put both parents in nursing home, contacted family members and I was appointed Legal Guardian of Person and Estate by the court system

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score 1 · Answer 4

Are you moving as well, or plan to remain in AR and manage her affairs from there?

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My plan is to move buy mom a house in MO, move her and eventually transfer Guardianship of person to my sister yet remain Guardian of Estate and then go back to my house in FL and manage her finances

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score 3 · Answer 5

In Nevada the answer would be yes. I don't know about AZ. You should check with your local authorities to find out what must be done. And the state you are moving to.
Here I could take DW, Luz, out of state for vacations but I needed permission to move her to another state.
I believe that in most states the protected person is considered to be a ward of the state that has been put into your custody.
The guardianship is not transferable as such. You will probably be required to refile for guardianship in the new state.

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The state or Arkansas and Missouri (along w/40+ other states) both have adopted the UAGPPJA which is intended to make such transfers cheaper and easier. Does anyone have any experience in such a transfer

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Do I "have to” transfer guardianship if I move my mom to a different state or is it just recommended?

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