Are you moving to Minnesota and wondering what to do about an existing guardianship from another state? You’re not alone. Many families find themselves in this position—relocating to be closer to loved ones or for better care options—only to realize they also need to take legal steps to transfer the guardianship.
Fortunately, Minnesota law provides a process to make this transition possible without starting over. At Unique Estate Law, we’ll help you understand what’s involved and walk you through each step.
Understanding the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Minnesota adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) to make it easier to transfer guardianship cases from one state to another. This law allows for a smoother legal process when someone under guardianship is moving into or out of Minnesota.
The UAGPPJA prevents duplicate proceedings by requiring cooperation between courts in both states. That means the current state’s court must agree to release the guardianship, and the Minnesota court must agree to accept it. The process is intended to protect everyone involved, especially the individual under care, while minimizing delays.
What You’ll Need to Transfer a Guardianship to Minnesota
Before a guardianship can be accepted in Minnesota, there are a few legal steps to take and documents to gather. Here’s what you’ll typically need:
- A certified copy of the original guardianship order from the current state
- A court order from that state approving the transfer
- A petition to transfer the guardianship filed in Minnesota
- Documentation of the individual’s current condition and support needs
- Updated background checks, depending on Minnesota requirements
The Minnesota court will want to confirm that the guardianship meets our state’s legal standards and that accepting the case is in the person’s best interest. Once accepted, the court will issue a Minnesota guardianship order, giving you the legal authority to act here.
Things to Consider Before Starting the Process
Before transferring a guardianship, it’s essential to make sure the move is right for the individual’s well-being. Before you start the process, ask yourself a few key questions:
- Will the move improve access to medical care, housing, or family support?
- Is the person able to safely relocate?
- Are there family members who may object to the move?
- Do you have a plan in place for ongoing care once in Minnesota?
In some cases, if family members disagree or there are concerns about the individual’s well-being, the court may schedule a hearing to gather more information. Having clear answers and documentation ready can help avoid delays.
How We Can Help With the Guardianship Transfer
At Unique Estate Law, we can take the stress out of the process. We’ll handle the legal filings, work with the court in your current state, and submit the necessary petition in Minnesota. If a hearing is required, we’ll represent you and help prepare everything in advance.
You won’t have to manage court rules or filing deadlines on your own. We’ll explain what to expect at each stage, keep you updated, and work to ensure the guardianship transfer is completed smoothly and legally. Most importantly, we understand how personal this process is, and we’re here to support you throughout.
Let’s Make the Legal Transition Easier
Transferring a guardianship to Minnesota doesn’t have to be overwhelming. With the right guidance, you can protect your loved one’s interests and continue providing care without unnecessary legal obstacles. If you’re planning a move or have already arrived in Minnesota, we’ll help you take the proper steps to make the guardianship transfer official.
Contact Unique Estate Law today to schedule a consultation. We’re ready to help you get started.