Transfer a guardianship or conservatorship case to another state

Learn how to transfer a guardianship or conservatorship case from Massachusetts jurisdiction to another state's jurisdiction under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA).

Probate and Family Court locations

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What you need for Transfer a guardianship or conservatorship case to another state

A guardian or conservator appointed in Massachusetts may petition the court to transfer the guardianship or conservatorship to another state. You will need to file:

You'll also need to give notice to the person(s) entitled to notice of an original petition for guardianship or conservatorship (§ 5A-301(b)). There is no fee for this process.

How to transfer Transfer a guardianship or conservatorship case to another state

File your paperwork in the Probate & Family Court division where the guardian or conservator was appointed.

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After you've filed your paperwork, a citation will issue. Upon request of anyone entitled to notice, or by the court sua sponte, a hearing will be conducted. An interested person may object to the proceeding by filing Notice of Appearance and/or Objection (MPC 505a). Counsel can be appointed for the incapacitated/protected person upon request or by order of the judge. If no hearing is requested and no objection is filed, the matter may be handled administratively. 

The court will issue a provisional order granting the petition, and will direct the petitioner to petition for transfer or acceptance of the guardianship or conservatorship in the other state if Massachusetts is satisfied that:

  • The guardianship or conservatorship will be accepted by the other state
  • The incapacitated or protected person is physically present in or expected to move permanently to the other state
  • No objection has been made, or, if made, the objector has not established the transfer would be contrary to the interests of the incapacitated or protected person
  • Plans for care and services of the incapacitated person or management of the affairs of the protected person are reasonable and sufficient

The court will issue a final order confirming the transfer and terminating the guardianship or conservatorship once they receive:

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