Transfer of guardianship or conservatorship to another state
A guardian or conservator in Missouri can ask a Missouri court to move their guardianship or conservatorship case to another state. The court looks at whether the person they care for lives in or is moving to that other state, whether the move is good for that person, and whether the other state's court will take the case. If the Missouri court agrees, it gives a temporary approval and tells the guardian or conservator to apply in the new state. Once the new state accepts the case and the right paperwork is filed, the Missouri court officially closes the case.
475.531. of or to another state. — 1. A or appointed in this state may the court to transfer the guardianship or conservatorship to another state.
2. Notice of a petition under 1 of this section shall be given to those persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
3. On the court's own or on request of the guardian or conservator, the or , or other person required to be notified of the petition, the court shall hold a on a petition filed subsection 1 of this section.
4. The court shall an provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship be accepted by the court in the other state and the court finds that:
(1) The is physically present in or is reasonably expected to move permanently to the other state;
(2) An objection to the transfer has not been made or, if an objection has been made, the has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
5. The court shall issue a granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a to the other state considering the factors set forth in subsection 2 of section 475.521;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) Adequate arrangements will be made for management of the protected person's property.
6. The court shall issue a confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) A provisional order accepting the from the court to which the proceeding is to be transferred which is issued under similar to section 475.532; and
(2) The documents required to terminate a guardianship or conservatorship in this state.
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Source & history notes
(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
Related Missouri laws
Accepting guardianship or conservatorship transferred from another state
RSMo 475.532
Proceedings in more than one state
RSMo 475.529
Notice of proceeding
RSMo 475.528
Jurisdiction declined by reason of conduct
RSMo 475.527
Appropriate forum
RSMo 475.526
Exclusive and continuing jurisdiction
RSMo 475.525
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.