• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

Initiative in Practice

  • Home
  • Legal Services
        • Banking & Finance Law
        • Business & Corporate Law
        • Criminal Defense Law
        • Employment Law
        • Estates & Trusts Law
        • Family Law
        • Litigation Law
        • Personal Injury Law
        • Real Estate & Land Use Law
        • Tax Law
  • Our Team
        • Joseph A. Bellinghieri
        • Patrick J. Boyer
        • Krzysztof M. Bozentka
        • Jeffrey P. Burke
        • Robert A. Burke
        • Matthew C. Cooper
        • John C. Cronin
        • Daniel T. Crossland
        • Marie I. Crossley
        • Harry J. DiDonato
        • Caroline G. Donato
        • Lindsay A. Dunn
        • Sally A. Farrell
        • Brian J. Forgue
        • William J. Gallagher
        • Patrick J. Gallo, Jr.
        • Mary Kay Gaver
        • J. Charles Gerbron, Jr.
        • Leo M. Gibbons
        • Carolina Heinle
        • Court Heinle
        • Daniel Horowitz
        • Amanda Jester
        • Peter E. Kratsa
        • Mary E. Lawrence
        • Daniel R. Losco
        • Michael G. Louis
        • Thomas C. Marconi
        • John F. McKenna
        • Matthew M. McKeon
        • Brian L. Nagle
        • Ronald C. Nagle
        • Lance J. Nelson
        • Timothy F. Rayne
        • Michael C. Rovito
        • Duke Schneider
        • Tiffany M. Shrenk
        • Andrew R. Silverman
        • Ashley B. Stitzer
        • Louis N. Teti
        • Aileen Wang
        • Beverly J. Wik
        • Felix Yelin
  • About Us
    • Our History
    • Our Approach
    • Social Responsibility
    • Testimonials
  • News & Updates
    • Articles by Our Attorneys
    • News
    • Podcasts
    • Videos
    • Newsletters
  • Offices
    • Centreville, DE
    • Hockessin, DE
    • Kennett Square, PA
    • West Chester, PA
  • Contact
  • (610) 436-0100

Isaac Jean-Pierre

Transferring Guardianships: What you need to know.

June 11, 2019 by Isaac J. Jean-Pierre, Esq.

transferring guardianships_ID 124118613 © Tirachard Kumtanom | Dreamstime.com

By Isaac J. Jean-Pierre, Esquire-

A guardian is often an individual appointed by a court to make key decisions regarding another person’s physical welfare and/or finances.  In the context of guardianships, the person who is subject to the decision-making authority of a guardian is often referred to as an incapacitated person, and it is not uncommon that the guardian bears additional responsibilities in addition to promoting the welfare of the incapacitated person.

Depending on the circumstances of the guardian’s work or family situation, and depending on where the incapacitated person is physically located, it may be appropriate to consider what tools are available to a guardian who crosses state lines on a permanent basis after receiving a guardianship appointment in Pennsylvania.

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the “Act”),[1] which has been adopted in Pennsylvania, provides for the transfer of guardianship to and from the state in which the guardianship was originally provided.  For the purposes of this article, we will assume that a guardian appointed in Pennsylvania has encountered a circumstance that requires the guardian to move to another state with the incapacitated person.

When a guardian appointed in Pennsylvania wishes to transfer their guardianship to another state, a petition must be filed with the local Orphans’ Court, seeking a transfer of the guardianship.  After providing notice to the required parties, and a hearing, the Orphans’ Court in Pennsylvania will enter a provisional order directing the guardian to seek guardianship in the destination state.  Under the Act, the Orphans’ Court must find that the: (1) incapacitated person 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; and (3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.  After the court in the destination state confirms the guardianship transfer, the Orphans’ Court in Pennsylvania will issue a final order confirming the transfer to the destination state.

The total length of the guardianship transfer process will likely be dependent on various factors, but a guardian considering a transfer should consult with legal counsel to ensure as smooth of a transition as possible, especially where the facts of each circumstance could dictate a different result.


Isaac_Jean_Pierre  Isaac J. Jean-Pierre is an attorney in MacElree Harvey’s Litigation Department in the West Chester office. Licensed to practice in Pennsylvania, Isaac focuses his practice in the areas of commercial litigation, trust & estate litigation, and banking and finance litigation.

To learn more about Isaac’s practice, contact him by phone at (610) 840-0273 or email at [email protected].

[1]           20 Pa.C.S. § 5901, et seq.

Filed Under: Articles by Our Attorneys Tagged With: Guardianships, Isaac Jean-Pierre, litigation, trust and estate litigation

Primary Sidebar

  • Articles by Our Attorneys
  • News
  • Podcasts
  • Videos
  • Newsletters

Footer

(610) 436-0100

LEGAL SERVICES

  • Banking & Finance Law
  • Business & Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

ABOUT US

  • Our History
  • Our Approach
  • Social Responsibility
  • Testimonials

NEWS & INSIGHTS

  • Articles by Our Attorneys
  • News
  • Podcasts
  • Videos
  • Newsletters

OFFICES

Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
Learn More

Hockessin, DE

724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
Learn More

Kennett Square, PA

209 East State Street Road
Kennett Square, PA 19348
610-444-3180
Learn More

West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
Learn More

  • Terms of Use
  • Privacy Policy
  • Disclaimer
  • Staff Only
  • Careers

© 2023 and all rights reserved by MacElree Harvey, Ltd.