The proposed ward's yearly income, including pensions, social security, disability, rent, and wages.A list of any real estate the proposed ward owns and the value of the real estate, especially if the property will be sold.An estimate of the total value of the proposed ward's (the alleged adult with a disability) personal assets, including bank accounts and cars. To begin, you will first need to gather the following information: The person you are seeking guardianship over also must be made aware of the proceedings and is entitled to participate and give their opinion. You may also take advantage of our free seminars and webinars to learn more about how Russo Law Group, P.C., helps with guardianship proceedings.To get guardianship of an adult (18 years or older), you will need to fill out several court forms and file them in court. Benefit from our experience, as well as caring and compassionate staff. Please do not hesitate to contact Russo Law Group, P.C, with questions. Our attorneys are familiar with the process and the current legislation. It is important to speak with a qualified estate planning attorney in New York if you need to transfer guardianship to or from another state. Speak with an experienced attorney who has handled a number of these cases to understand your state laws. In New York State, the Act was enacted in 2013, and as of 2022, 45 states, Puerto Rico, the Virgin Islands, and Washington D.C, comply with the statute. You’ll need an estate planning attorney in New York to address guardianship in New York. If both states involved in the transfer have the UAGPPJA, the streamlined procedure it affords should be less costly, take less time, and be less grueling than starting the process over. You don’t want to have to do them more than once. Guardianships can be incredibly difficult and time-consuming. New York will accept the order, and you now have guardianship in New York.Provide the New Jersey order to New York stating you’ve been discharged from New Jersey.Guardianship is discharged from the court of New Jersey.This would allow the move to New York to be completed. Take the order from New York back to New Jersey, showing that New York has accepted it, and ask to be discharged from the guardianship.Petition the New York court to accept the provisional order, review the New Jersey file for guardianship, and grant an order accepting the provisional order.File a petition in New Jersey asking the court to grant a provisional order to allow you to seek an application in New York to move the guardianship.Example Process for Transferring Guardianship in New Jersey to New York The guardianship process must start from scratch to transfer guardianship to one of those four states.īut, if you’re lucky enough to live in, or wish to transfer to states that have the UAGPPJA, transferring guardianship is a matter of filing paperwork with the state initiating the transfer. However, some states have not passed this Act, including: The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) streamlines the procedure of transferring guardianships from one state to another. So, without any kind of statute, the whole guardianship process starts over again. The US Constitution does not grant full faith and credit to guardianships from different states. For example, an appointed guardian lives in New Jersey, and some changes in either the guardian or the incapacitated person’s life make it necessary to move the incapacitated person to New York. Transferring guardianship to different states adds to the inconvenience.
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