Crossing State Lines: Transferring Guardianships and Conservatorships between North Dakota and Minnesota

Transferring Guardianships and Conservatorships

If the person subject to guardianship or conservatorship relocates from their state of residence to another state for any reason, their guardian and/or conservator should undertake the process of transferring the guardianship and/or conservatorship to the new state of residence. This process can be broken down into five main steps.

Step One: File a Petition for Transfer with the Court in the Original Jurisdiction

Starting in the original jurisdiction, the guardian or conservator petitions the court to transfer the guardianship or conservatorship to the new jurisdiction. They must also provide notice of the petition to certain people, including the person subject to the guardianship or conservatorship and their spouse and adult children.

After the court provides an opportunity for a hearing to be held on the petition, a provisional order granting the petition may be entered if:

• The court is satisfied the guardianship or conservatorship will be accepted by the court in the new jurisdiction;

• The person subject to the guardianship or conservatorship is physically present in or is reasonably expected to move permanently to the new jurisdiction;

• An objection has not been made establishing the transfer would be contrary to the best interests of the person subject to the guardianship or conservatorship; and

• Plans for care and services for the person subject to the guardianship or conservatorship in the new jurisdiction are determined to be reasonable and sufficient

If granted, the provisional order will direct the guardian or conservator to file a petition in the new jurisdiction requesting acceptance of the transferred guardianship or conservatorship.

Step Two: File a Petition for the Acceptance of the Transfer with the Court in the New Jurisdiction

Next, the guardian or conservator petitions the court in the new jurisdiction to accept the transfer of the guardianship or conservatorship from the original jurisdiction. The petition must include a certified copy of the provisional order for transfer from the court in the original jurisdiction. Again, notice of the petition must be provided to certain people, including the person subject to the guardianship or conservatorship and their spouse and adult children.

The court in the new jurisdiction will offer an opportunity for a hearing before ruling on the petition. A provisional order granting the petition will most likely be issued unless an objection is made that establishes the transfer of the proceeding would be contrary to the best interests of the person subject to the guardianship or conservatorship or the guardian or conservator is ineligible to serve as guardian or conservator in the new jurisdiction.

Step Three: Obtain a Final Order for Transfer from the Court in the Original Jurisdiction

The provisional order issued by the court in the new jurisdiction will be provided to the court in the original jurisdiction, which will issue a final order confirming the transfer and terminating the guardianship or conservatorship in the original jurisdiction.

Step Four: Obtain a Final Order for Acceptance of the Transfer from the Court in the New Jurisdiction

The final order issued by the court in the original jurisdiction will be provided to the court in the new jurisdiction, which will issue a final order accepting the transfer and appointing the guardian or conservator.

Step Five: The Court in the New Jurisdiction Must Determine if the Guardianship and/or Conservatorship Needs to be Modified to Conform to the Laws of that Jurisdiction

Once the court in the new state has accepted the transfer, it will determine whether the guardianship or conservatorship needs to be modified to conform with their state laws.

Conclusions

Transferring a guardianship and/ or conservatorship involves a lot of back and forth between the original jurisdiction and the new jurisdiction that may become confusing. Many states, including North Dakota and Minnesota, have a variety of resources available online that may provide some clarity. However, in certain situations, it may become necessary (or just easier) to hire an attorney who is familiar with guardianships and conservatorships to help navigate the process.

If you have any questions regarding guardianships and conservatorships, please contact SW&L Attorneys!

Disclaimer — This article is provided for informational purposes only and is not intended as legal advice. It should not be used as a substitute for consulting with a qualified legal professional. No legal services are offered through this article, and no attorney-client relationship is established by reading it. Please consult with an attorney for advice on any specific legal issues you may be facing.

SW&L Attorneys