- Elder & Estate Planning Attorneys, PA. Attorneys and Counselors at Law - https://elderlawyersfl.com -

If a guardianship exists in a former state of residence and an incapacitated man moves to Florida, must he create a new guardianship?

[vc_row][vc_column][vc_custom_heading source=”post_title” font_container=”tag:h1|text_align:center” use_theme_fonts=”yes”][/vc_column][/vc_row][vc_row][vc_column][vc_video link=”https://www.youtube.com/watch?v=9VeuXBJY_pQ”][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]If there is a guardianship in a state, where the person used to reside, what should happen is, that court should give permission for the incapacitated person to move here. What you file is a “Petition To Allow The Guardianship to Continue” here but you need that order from the prior state authorizing the move and allowing the court now to take over jurisdiction of that incapacitated person. It’s not technically a new guardianship but some judges like to have the person examined to make sure they are in the condition that they are as the same as the previous state; and that the rights that have been taken away from them, still should be taken away from them and designated to their guardian. It’s basically a transfer of that guardianship from the prior state to Florida.[/vc_column_text][/vc_column][/vc_row]