Transferring a Guardianship From Another State to Florida
If you’ve recently moved to Florida and are caring for a child or loved-one under a court-appointed Guardianship, you might be wondering how to transfer that guardianship to your new home state. This process — legally known as transferring a guardianship from another state to Florida — is more common than you might think, and it’s important to get it right to ensure your loved one continues to receive proper care and legal protection.
Below, we’ll walk you through what’s involved in transferring a guardianship to Florida, what the courts require, and how an experienced Florida guardianship attorney can help.
What is a Guardianship?
A guardianship is a legal arrangement where a court appoints someone (the guardian) to make personal and/or financial decisions for someone else (the ward) who is unable to make those decisions for themselves. This can include elderly parents, individuals with disabilities, or minors without parental care.
Why Transfer a Guardianship to Florida?
There are many reason to transfer a guardianship to Florida. Common reasons for transferring a guardianship include, but are not limited to:
- You and the ward have relocated permanently to Florida;
- Florida now serves as the wards primary residence; and
- It’s more practical for the guardian to manage care from Florida.
Whatever reason, the guardianship must be recognized by a Florida court to remain legally valid in the state.
How to Transfer a Guardianship to Florida?
Florida follows the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). This act streamlines the transfer of adult guardianships between states.
Here is a simplified overview of the process:
Step 1: File a petition in both states
You’ll need to request permission to transfer the guardianship in the original state where the guardianship was established and then petition the court to accept the guardianship transfer.
Step 2: Provide required documents to the court
You will typically need to submit a certified copy of the guardianship from the original state, a state of reasons for the transfer, and proof that Florida is now the ward’s permanent residence, along with anything else the court or opposing party requests.
Step 3: Attend Court hearing,
Both courts may require a hearing to confirm that the move is in the best interest of the ward. A Florida judge will verify that the transfer does not violate the ward’s rights, the guardian is still suitable, and that Florida has jurisdiction.
Step 4: Obtain a Florida Guardianship order
Once approved, the Florida court will issue an order officially recognizing the guardianship. At this point, the out-of-state guardianship can be terminated in the original state.
Do I Need an Attorney to Transfer a Guardianship to Florida?
In most cases, you will want to hire a Florida Guardianship attorney. Guardianship transfers involve multiple jurisdictions, intricate legal paperwork, deadlines, and compliance with Florida Guardianship laws. An attorney can:
- Prepare and file the necessary legal documents;
- Coordinate with the original court;
- Represent you in hearings; and
- Ensure the process is a smooth and stress free as possible.
Common Questions About Guardianship Transfers to Florida
How long does the transfer process take?
On average, it can take a few months, depending on the courts involved and how quickly documents are filed, but there is no guarantee as to exactly how much time it will take.
Can a minor’s guardianship be transferred the same way as an adult ward’s?
Yes, but the process is slightly different. You will need to speak to a guardianship attorney who handles minor guardianships in Florida.
Do I have to live in Florida to be a guardian here?
Not necessarily, but if you live out of state, you may face additional requirements, such as designating a local resident to receive legal notices.
We Can Help You Transfer a Guardianship to Florida
At Korshak & Associates, P.A., our Florida guardianship attorneys have years of experience helping families relocate and transfer guardianships smoothly. We understand the legal, emotional, and practical aspects of this process.
If you are ready to move on an existing guardianship to Florida or you just have questions about the process, contact us today for a confidential consultation.
