How Exactly Does Transfer of Guardianship across States Work?
Say what you will, but in the last 50 years, the invention of phones, computers, and the internet has brought people closer in ways that were never thought possible before. This caused an explosion in the mobility of the average American family. Consequently, guardianship transfers between different states are also on the rise.
Moving states can be very exciting. The prospect of a new job, a new life, and a change of scenery is welcoming to most. But it is also stressful, especially for someone with guardianship over a child. Guardianship does not extend over state borders; it is important that you figure out the transfer with the help of a guardianship lawyer before relocating.
Steps to Transferring Guardianship across States
The process can be outlined in the following 3 main steps -
STEP 1 -
Apply for a guardianship case in the state you are moving to. Make sure it is done before the guardianship in Oklahoma is closed. There should always be one guardianship court with authority.
STEP 2 -
File the certified order with the court. The certified order is what grants guardianship to the original state’s court. The judge is able to close the original guardianship since the minor or disabled individual is now protected under the renewed guardianship terms.
STEP 3 -
The final step is to close the guardianship case in the original court, here, the Oklahoma state court. This is a very important part of the process. Failing to close the case in the original court can lead to confusion later as to which court has the ultimate authority over the involved parties.
Additional Information on the UAGPPJA Act
Guardianship lawyers are often asked if a transfer of guardianship from one state to another is possible. The answer, obviously, is yes. However, the efficiency of the legal proceedings depends on whether the concerned state has adopted the UAGPPJA Act (Uniform Adult Guardianship and Protective Proceedings Jurisdictions Act).
The UAGPPJA Act:
Details all accurate rules and regulations regarding the transfer of guardians between states.
Makes it possible for states to recognize and comply with guardianship orders initiated from another state.
Designates the state of origination as the home state
Provides legal protection against abuse and exploitation
Oklahoma has already adopted the UAGPPJA Act; as we already mentioned, the transfer would be smoother if the other state followed UAGPPJA too.
Problems You May Run into
In case both or either state have not yet adopted UAGPPJA, the guardian will be required to start over with the transfer process. The guardian might even need to petition the home state to displace their ward from the region. The two states will carry out two different proceedings with jurisdictional rules and regulations that vary from each other.
No wonder the legal costs skyrocket in accordance.
Concluding Summary
Very similar to being granted guardianship over your ward, transferring guardianship between states too is extremely rewarding, extensive but sadly emotionally and physically exhausting. It is very, we repeat, very important that you seek the help of the right guardianship lawyer before you embark on this tedious journey. To speak to someone about your transfer of guardianship, contact us at Reneau Law Group today. From cost-effective legal representation, experience of over 20 years, and a legal team worth their salt, Reneau Law Group is indeed Oklahoma’s very best.
**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.