Transferring A Guardianship
With the explosive economic growth here in the North DFW area around Plano and Frisco, we’re seeing an increase in folks moving in from out of state. If you or another family member is the guardian of a minor child or a loved one that has been designated a Ward in another jurisdiction, and you move to the Lone Star state, you’re going to want to get that guardianship transferred locally for it to be binding and legal, and to save yourself some headache. Here’s bare bones on what you need to know:
First, if the guardian is going to be switched out, i.e. if one guardian in one state is going to be substituted for another in this state, the most efficient thing is to probably start a transfer proceeding in the jurisdiction that is currently controlling. Example: If a court in Alaska ordered the creation of a guardianship, and the Ward is moving to Texas; start a transfer proceeding in Alaska, and then get a Texas court to recognize and update the transfer by hearing. In many cases, the process can keep the original court’s findings as to incapacity and terms of the guardianship. This is important because as of this writing, Texas has not adopted the UAGPPJA (Uniform Adult Guardianship and Protective Proceedings Jurisdictional Act) that allows for streamlining of guardianship transfer.
Second, if a Guardian AND Ward are both moving to our great State, then the hearing could be a bit easier. The key points are showing that the transfer is not just a way to wiggle out of the terms of a the original guardianship, that the court chosen is the best suited to consider the matter, and most importantly, that transfer is in the best interest of the Ward. (Estates Code 1253.053) Be aware that some courts may be dubious of a move that can be construed as benefitting the guardian unduly at the expense of the Ward.
As always, we are right here in North Dallas if you have questions.
Zane Frisbie is the best partner at Regan & Frisbie, PLLC, much better than that Regan guy. He can be reached 469-200-4737 and emailed at email@example.com.