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Transfer of guardianship for adult

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By Scott C. Suzuki, Esq. With the increasing mobility of American families, the need to transfer guardianships between states is on the upswing. Moving is one of the most stressful things that anyone can do, let alone helping someone who has special needs move.
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How Do I Transfer Guardianship From One State to Another?

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Transferring Guardianship – What Happens If You Move to Another State? - McAndrews Law Firm

A county probate or family court oversees the appointment of legal guardians for a minor child. You can petition the court to transfer guardianship if the child's parents or current guardians are unwilling or unable to care for the child, and if it would be in the child's best interests. You can petition the court to transfer guardianship if the child's parents or current guardians are unwilling or unable to care for the child, and if transferring guardianship would be in the child's best interests. Once appointed, the new guardian takes over the welfare, care and protection of the minor child.
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Transferring Guardianship from One State to Another

After adjudication, the subject of the guardianship is termed a "ward. Florida law requires the court to appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute. Adult guardianship is the process by which the court finds an individual's ability to make decisions so impaired that the court gives the right to make decisions to another person. Guardianship is only warranted when no less restrictive alternative—such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive—is found by the court to be appropriate and available. Florida law allows both voluntary and involuntary guardianships.
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In most states, parents are considered the natural legal guardians of a child. To transfer guardianship — whether you are a parent or another adult currently serving as guardian — requires filing a petition in court and getting approval from the appropriate judge, typically after a hearing and other evaluation to determine if transferring guardianship is in the child's best interest. If you need to transfer the guardianship of a child, you should consider talking to an experienced family law attorney who can help explain the process in your state. This article was co-authored by Jennifer Mueller, JD.
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