Contact for Transfer a guardianship or conservatorship case to another state
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The Details of Transfer a guardianship or conservatorship case to another state
What you need for Transfer a guardianship or conservatorship case to another state
A guardian or conservator appointed in Massachusetts can ask the court to transfer the guardianship or conservatorship to another state. You’ll need to file:
You'll also need to give notice to anyone entitled to notice of an original petition for guardianship or conservatorship (§ 5A-301(b)). See file for guardianship of an incapacitated person for more information. There is no fee.
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.
More info for Transfer a guardianship or conservatorship case to another state
After you've filed your paperwork, a citation will issue. A hearing will be conducted if anyone entitled to notice requests one, or by the court sua sponte. Any interested person can object to the proceeding by filing Notice of Appearance and/or Objection (MPC 505a). Counsel can be appointed for the incapacitated/protected person if requested or if the judge orders it. If no hearing is requested and no objection is filed, the matter can be handled administratively.
The court will issue a provisional order granting the petition, and will tell 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/protected person is physically present in or expected to move permanently to the other state
- No objection has been made, or, if made, the person who objects hasn’t established the transfer would be against the interests of the incapacitated/protected person
- Plans for care and services of the incapacitated person or management of the protected person’s affairs are reasonable and sufficient
The court will issue a final order confirming the transfer and ending the guardianship or conservatorship once they receive:
- A provisional order accepting the proceeding from the court the proceeding will be transferred to
- Documents required to end the Massachusetts guardianship/conservatorship: