Guardianship Modification for Interstate Guardianship Video
Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about the transfer of guardianship to NJ. The parents and their child all live together.
The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
The Act sets out two ways for an out-of-state guardian to have their authority recognized by the new home state.
One is to formally transfer guardianship from the old state to the new state. This requires obtaining a court order in the old state, then filing a petition in the new state with a hearing, and then the old state transferring the papers to the new state.
The other way is to give notice to the old state of intent to register and then filing the guardianship order in the new state as a foreign judgment.
Given these options, what is the best choice? What advantage is there to go through the longer and more detailed process of formally transferring guardianship instead of simply registering the out-of-state guardianship in the new state? Is it simply a matter of preference as to which state laws are less demanding on the guardian?
Well, the answer is not all that simple.
Third parties may refuse to honor the out-of-state guardianship without the transfer being done to the new home state.
Most states like NJ require annual reports by the guardian. Transferring the guardianship lets the new host state know that they have to keep track of the ward if that’s in their jurisdiction.
To discuss your NJ guardianship matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney