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Challenges for interstate guardians in Colorado

On Behalf of | Jan 26, 2022 | Guardianships & Conservatorships |

When you are potentially going to be the guardian for someone you care about, you may find that it is more complex than you thought just because you’re across state lines. When you cross state lines, rules and laws change. Determining jurisdiction may become a problem, or you may have trouble getting to meetings or court dates.

When your loved one needs care, one of the first things you have to consider is where they’re going to get that care. If they live in Florida now and will be living with you in Colorado, then should you seek guardianship in Florida or your home state? Who has jurisdiction, and what can you do to make this adjustment as easy as possible?

A guardian can be in a different state

It is acceptable for a guardian in another state to be appointed to provide care to a ward. They need to meet simple requirements, such as being at least 21 years old to provide care as a guardian of an adult. They will then need to determine if the guardianship case should be transferred to another state.

They may be able to do this is the ward is not in Colorado, if the ward will permanently move to Colorado or if there are already plans to provide care to the ward while they’re in their home state and the guardian is in Colorado.

To transfer the case, you will need to file legal paperwork. Whether you’re moving your ward’s case into or out of Colorado, you will need to make sure that the state will accept the transfer. A court does have a right to refuse jurisdiction over a case, which could complicate matters for some people.

If you are handling an out-of-state guardianship case and want to move it into Colorado, you should initially file your petition with the court where there is an existing guardianship case or where your loved one is located (in most cases). Since multiple courts could have jurisdiction, it may be a good idea to look into getting legal support, so you can file correctly and get the process moving in the right direction.

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