When an appointed conservator or guardian is set to move to another state, it is legally mandatory for them to file a petition in the new state’s circuit court, validating their transfer so that they can continue to provide their services as their ward’s guardian or conservator. In addition, they will also need to inform the original court.
Important Elements to Keep in Mind
Many states require conservators or guardians to register and verify their position as guardians in the new jurisdiction. Plus, depending on the scenario, the original court may schedule a hearing where the guardian will need to explain how they plan to manage their ward if they’re transferring to a new state and whether the move may or may not be detrimental to the well-being of the ward. This is certainly the case for Virginia.
Important Considerations Noted by the Court
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The court will evaluate whether the ward is temporarily or permanently settling in the new state.
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If the guardian’s transfer to the new state is in the best interests of the ward or if the ward should settle in the new state.
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Whether the ward’s immediate family members have any concerns about the ward’s or the guardian’s transfer to the other state.
However, the ward needs to know that guardianship or conservatorship transfer laws vary from state to state, which is why they should consult the issue with their attorney. Moreover, the ward or their family member can also question the ability of the guardian to provide care for the ward when they transfer to the new state. Plus, they may also contest the transfer.