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 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.
More info about Transfer a guardianship or conservatorship case to another state
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:
- A provisional order accepting the proceeding from the court to which the proceeding will be transferred
- Documents required to terminate the Massachusetts guardianship/conservatorship: