Christene (Chris) Krupa Downs
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Can I Transfer My Guardianship In Texas?

Christene Krupa DownsReviewsout of 7 reviews
Christene “Chris” Krupa Downs
Rated by Super Lawyers

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Transfer My Guardianship
Transfer my guardianship

Understanding Your Responsibilities If You or Your
Ward Move

Life changes, and sometimes, those changes require moving. If you have legal guardianship over another person, such as a minor or your adult child with special needs, you already understand your duties to them. But what happens to your responsibilities if you need to move or relocate your ward to better care for them?

Transferring a Texas guardianship from one county to another is usually much easier than transferring a legal guardianship to another state, but there are specific legal requirements in either case. An experienced Texas guardianship attorney can inform you of your options under Texas law and indicate how to navigate the other state’s laws, if applicable.

Transferring Guardianships From County to County

Senate Bill 1129, the TGA Bill, proposed changes to Section 1023.005 of the Texas Estates Code to facilitate the transfer of guardianship from county to county in Texas. Now, the court can transfer an existing guardianship to another county if it is in the best interest of the ward and the ward has resided for at least six months if it is in the b or if there is no good cause not to approve the transfer.

The court’s decision to transfer the guardianship to another county is based on a few standards to determine if the transfer is in the ward’s best interest:

  • Does the transfer serve the interests of justice?
  • Is the transfer convenient for both parties?
  • What is their preference if the ward is 12 years old or older?

Furthermore, the transfer order must be compliant with the Texas Estates Code. The ward’s new county court must accept the transfer. Once the transfer is complete, the receiving county becomes the county of exclusive jurisdiction. Orders from the new county court are enforceable, as are orders from the previous county court.

Transferring a Texas Guardianship To Another State

Transferring guardianship from Texas to another state is more difficult than it would be if both states had adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). In these cases, the transfer is largely just a matter of completing paperwork.

However, because Texas has not yet signed up for reciprocity of guardianships, you may need to reapply for guardianship in your destination state.

You may also have to petition your current county court to transfer the ward out of state. This is where the knowledge of an experienced Texas guardianship lawyer becomes invaluable. They can evaluate the statutes that apply in your destination state and give you tips on finding a lawyer licensed in that state to help you with the legal requirements of transferring your guardianship.

Potential Problems with Transferring a Guardianship Out
of State

If you have to start over with the guardianship application process in your new state, you could face a few challenges.

First, the definition of capacity may differ in the new state than in Texas. Second, the authority and limitations of both partial and full guardianship may differ in the new state, so it’s important to determine whether you’re still capable of fulfilling them.

You may be required to complete an investigation, have the ward undergo another medical exam, or even pay a bond premium. Your guardianship lawyer can advise you of your requirements and help you prepare your case for the new court.

Regardless of what the state requires, it’s also important to ensure the move is truly in the ward’s best interests, as the judge will evaluate this move to see if it aligns with those interests. A good first step is speaking with a Texas guardianship lawyer to learn about your options and next steps.

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