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Transfer a guardianship or conservatorship case to another state

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

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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 the Petition to Transfer Guardianship/Conservatorship from Massachusetts to Receiving State (MPC 110). There is no fee.

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

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

Next steps for Transfer a guardianship or conservatorship case to another state

Give notice

After you've filed your paperwork, a citation will issue. You need to ask a disinterested person (someone who has no stake in the case) to give notice to the respondent in person by delivering a copy of the petition and the citation (Notice and Order) 14 days before the hearing. You'll also need to give notice by regular, first class mail to:

If you don't know where one of the interested parties is, the court will give you instructions for how to publish the notice in a newspaper the court chooses. You may be eligible for a fee waiver to cover the cost of publishing the notice in a Massachusetts newspaper.

You should also file the original Notice of Hearing and Certificate of Service with a signed, completed Return of Service with the court. If you published the notice, you should also file:

  • The original uncut tear sheet from the newspaper
  • Any returned, undelivered, certified mail cards which were sent to all interested persons
  • Signed green cards

More info for Transfer a guardianship or conservatorship case to another state

There will be a hearing if anyone given notice requests one or if the court chooses to. Any interested person can object to the transfer by filing a Notice of Appearance and/or Objection (MPC 505a). The incapacitated/protected person can have a lawyer assigned to them if anyone requests it or if the judge orders it. The case can be handled without a hearing if no one requests one and no one objects to the case.

To accept the petition, the court must be satisfied that:

  • The guardianship or conservatorship will be accepted by the other state
  • The incapacitated/protected person is already in the other state or is expected to move permanently to the other state
  • No one has objected to the petition, or if someone has objected, they didn’t prove that the transfer would be against the interests of the incapacitated/protected person
  • Plans for care and services for the incapacitated person or management of their affairs are reasonable and sufficient

If the court believes these conditions have been met, it will issue a temporary order to accept the petition. 

Once the court receives an acceptance order from the receiving state, the judge will issue a final order transferring the guardianship or conservatorship and terminating the Massachusetts guardianship or conservatorship.

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