Does decision-making authority carry over after a move to another state?
Key takeaway
A guardian's authority may not carry over automatically when a ward moves, because state laws and transfer procedures vary. For owners of businesses, real estate and private investments, guardianship and powers of attorney involve distinct rules. A guardianship transfer may involve both states, while a power of attorney's meaning and effect can depend on the governing jurisdiction identified by the document or state law.
Guardianship authority may require a transfer
Guardianship authority may not carry over automatically when a ward moves to another state.
The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act provides a transfer process described by practitioners. Under that account, a guardian must ask permission from both the originating state and the new home state to begin a transfer. Uncontested matters can be largely clerical.
The original order may retain reporting duties
A guardianship transfer may leave reporting duties under the original order. A practitioner account says the order may continue to impose those duties after a transfer, and noncompliance could prompt an investigation by protective services.
Transfer procedures can vary by state. A practitioner account reported that 47 states, Puerto Rico and Washington, D.C., had enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, while implementation could still vary by state.
A power of attorney follows state-specific governing-law rules
A power of attorney's governing-law rule depends on the state. Arkansas law says the document's meaning and effect follow the jurisdiction it names, or the jurisdiction where it was executed if none is named. Hawaii law uses the jurisdiction named in the document, or the place of execution if the document names no jurisdiction.
Arizona recognizes a power of attorney validly executed in another U.S. jurisdiction under that jurisdiction's law. This Arizona rule addresses recognition of an out-of-state document. It is distinct from the governing-law rules stated for Arkansas and Hawaii.
The authority involved affects how a move is treated
Guardianship and powers of attorney involve different rules after a move. The practitioner account describes a transfer process for guardianship and possible continuing duties under an original order. State law in Arkansas and Hawaii addresses the jurisdiction governing a power of attorney's meaning and effect, while Arizona law addresses recognition of certain out-of-state powers of attorney.