Founding Attorney
If you’re the legal guardian of a loved one and considering a move to or from Minnesota, it’s important to know that a guardianship doesn’t automatically carry over across state lines. Even though your responsibilities may stay the same, each state has its own court procedures and legal requirements. Are you planning a move and wondering how it might affect your legal role as guardian? Without taking the right steps, you may not be allowed to make decisions or access services on behalf of the person under your care.
Transferring Guardianship to Minnesota
Minnesota follows the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which makes it easier to transfer guardianships between states that also follow this law. Still, it’s not as simple as filling out a form and moving.
Here’s how the process works:
- First, the court in the original state must approve the transfer of guardianship to Minnesota.
- Once approved, you must file a petition with the appropriate Minnesota court requesting acceptance of the transfer.
- The Minnesota court will then review the request, verify that the other state properly transferred the case, and decide whether to approve the transfer here.
The court may schedule a hearing, especially if anyone involved in the guardianship objects or if the court needs more information. Until Minnesota officially accepts the guardianship, you cannot act on the protected person’s behalf here.
We can help you file the right documents and stay on track with court deadlines to make the process as smooth as possible.
Transferring Guardianship from Minnesota to Another State
If you’re planning to move out of Minnesota and want to take your guardianship with you, you’ll need to ask the Minnesota court for permission to transfer the guardianship. Like the process for moving into Minnesota, this involves two steps:
- Petition the Minnesota court for approval of the transfer.
- Coordinate with the court in the new state to accept the guardianship once Minnesota signs off.
If the new state also follows UAGPPJA, the process is typically more straightforward. However, some states have additional requirements, so it’s a good idea to work with a local attorney in that state as well.
Keep in mind that your Minnesota guardianship stays active until the receiving court accepts the transfer. Acting before the new court approves could lead to confusion or delays in care for your loved one.
Legal Considerations When Moving With Guardianship
Before you make any moves, it’s worth taking time to consider whether the relocation is in the best interest of the person under guardianship. Courts will look at more than just convenience.
Factors to think about include:
- Access to doctors, specialists, or therapy services
- Proximity to trusted family members or support systems
- Education or treatment programs currently in place
If the move would disrupt necessary care or reduce the person’s quality of life, the court may deny the transfer. It’s also important to give notice to all interested parties, such as family members or case workers, and to keep the court informed at each step. Failing to do so could invalidate your authority as guardian in the new state.
Mistakes to Avoid During a Guardianship Transfer
When emotions are high and logistics are complicated, it’s easy to overlook a few key details. However, skipping steps can lead to serious issues. Here are some common mistakes to watch out for:
- Assuming guardianship automatically transfers. It doesn’t. Legal approval is required.
- Moving before getting court approval. This can delay your ability to access care and services for your loved one.
- Not preparing documentation. Both states will want to see court orders, reports, and evidence that the move is in the protected person’s best interest.
Working with an attorney can help you stay organized and avoid unnecessary complications. We’ll walk you through the process so you can feel confident about your next steps.
Get Support With the Guardianship Transfer Process
If you’re a guardian and planning a move, it’s important to get legal support before taking action. Whether you’re moving to Minnesota or leaving the state, we’ll help you take the right steps to protect your role and your loved one’s well-being. Contact Unique Estate Law to schedule a consultation and get started.