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Monday, August 24, 2015

Does a New California Resident Need to Transfer an Out-of-State Conservatorship?

I recently moved to California with my adult, special-needs child. How do I set up a conservatorship?

Moving to a new state with a guardianship or conservatorship in place can present unique challenges for both the conservator and the ward. Accordingly, it is best to inform the courts of both the old and new jurisdictions as soon as practically possible.. Under California probate laws, this is accomplished by petitioning the court for a new conservatorship. Moving from the jurisdiction of California will require court permission prior to the relocation, as well as consent of all interested parties.

The first step, in most cases, is to seek permission from the court in which the current conservatorship or guardianship was originally entered. Often, this process requires notifying the ward’s next-of-kin of the intended relocation, affording interested parties the opportunity to object to the move on reasonable grounds.

If, however, the court or family members do not take issue with the intended relocation, the conservator (for adults) or guardian (for children) must transfer the out-of-state order to the California court as soon as possible. This is generally accomplished by submitting a completed GC-310 form . This form details the relationship between the proposed conservator and the ward, including whether the conservator has served in the conservatorship role (or similarly-titled role) in the past. The form also details the ward’s approximate assets, and whether the ward is suffering from dementia, in which case additional affidavits and paperwork will be required.

Much like the out-of-state guardianship or conservatorship process in the former jurisdiction, the court in the new location will require notification of all next-of-kin and interested parties, who may raise an objection to the appointment. A probate law attorney can help the proposed conservator implement a temporary conservatorship in California to ensure that the ward’s needs are met during the period in which  permanent conservatorship proceedings are being conducted.

If you are considering moving to or from California and would like to discuss your options in regard to conservatorship or guardianship, please do not hesitate to contact our knowledgeable attorneys at Berge & Berge. Serving clients in and around San Jose and Santa Clara Counties with concern and respect, we can be contacted at 408-985-9918.


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