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Transferring a guardianship to a new state

At times, a guardianship in Delaware may have to be transferred to another state. Before this can happen, the guardian is required to petition the court in Delaware for the transfer. After a hearing is held on the petition, the court in Delaware will grant a provisional transfer as long as the court is satisfied that the transfer will also be granted in the other state.

Before approving the petition for a transfer of guardianship, the court in Delaware will also have to ensure that a few requirements are met. One of these requirements is that the incapacitated person is either already living in the other state or is expected to move to the other state on a permanent basis. The petition will not be approved if an objection was made to the transfer, and the transfer was not found to be in the best interests of the incapacitated person. A sufficient plan for the care of the incapacitated person must also be established before the transfer is approved.

After the petition for transfer of guardianship is provisionally approved in Delaware, the court in Delaware will direct the guardian to petition the court in the other state. If the petition is approved in the other state, the court in the other state will also issue a provisional acceptance of the transfer. This order will then be sent to the court in Delaware, and the final order of transfer will be issued.

A person who is serving as guardian for an incapacitated person may decide to seek help petitioning the court for a transfer of guardianship from an estate planning attorney. If any problems arise during this process, an attorney may be able to work with the courts in both states to resolve them.

Source: Findlaw, "39A-301: TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE ", October 22, 2014

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