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How do you transfer an Illinois guardianship to another state?

For one reason or another, it may be necessary to transfer your guardianship to another state. Perhaps you must make the move, or perhaps it is your ward's wish to relocate. In either case, you cannot just pick up and go without first taking legal steps to transfer your guardianship to the new location. According to the Illinois General Assembly, this usually involves a petition to the court. However, there may be instances in which the court itself initiates the motion. 

Regardless of who files the petition, the court will then convene a hearing. You will have to establish that you have reasonable and sufficient plans in place for care and services for your ward after the transfer and that there is a reasonable expectation that your ward will relocate to the new state if not already there. If there is any objection to the transfer, the court will consider whether the objector has established that the transfer would not be in your ward's interests. 

Once the court becomes satisfied that the move is in the best interest of your ward and you have met the other stipulations, the court will attempt to ascertain whether the court of the other state will accept the guardianship. When this occurs, the Illinois court will grant the transfer petition on a provisional basis. The court will then require notification from the other court of the transfer's acceptance and documentation terminating the guardianship in Illinois before issuing a final order confirming the transfer. 

The information in this article is not intended as legal advice but provided for educational purposes only.

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