5/02/2014

What If My Ward Moves to Another State?

Once you have been appointed by the probate court as a guardian, you have certain responsibilities with regard to caring for the ward (person under guardianship) and, in some cases, managing his or her estate. But what happens if you are appointed as a guardian by the New Hampshire probate court and your ward moves to another state?
If your ward has permanently moved to another state, you can file a motion with the probate court to transfer the guardianship to the ward’s new state of residence. Keep in mind that if the ward resides in another state for more than 12 consecutive months, the probate court will presume that the ward has permanently moved. The court will only grant your motion to transfer the guardianship if the appropriate court in the ward’s new state has accepted the guardianship and appointed a guardian for the ward.

A motion to transfer a guardianship can be filed once the ward has permanently moved or it can be filed in anticipation of a permanent move to another state. If you were serving as the guardian of your ward’s estate, you will be required to file a final accounting with the probate court before you will be discharged and your bond will be released.

Please feel free to contact any of our trusts and estates attorneys for more information on any aspect of your estate planning or administration needs.

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