Missouri law 475.531 allows transfer of guardianship and conservatorship to another state. For example, if the Ward moves to reside permanently in Arizona with his guardian, the guardianship case may be transferred to a new case in Arizona and the former case closed in Missouri.
The five part process is basically:
- Petition the court in the State of Missouri where the case is being sent FROM for permission to ask the other state (Arizona, for example) to accept the case;
- File a motion or petition in Arizona to issue a provisional order (temporary or conditional) accepting the case;
- Present/file the provisional order from Arizona with the Missouri “sending” court and file motion and order in the Missouri court for final permission to transfer to Arizona;
- Present/file the final permission to transfer by the Missouri “sending” court with the court in Arizona (for example), and request a final order by the Arizona court accepting the transfer from Missouri;
- Present the final order from Arizona accepting transfer with the Missouri “sending” court, along with a request to terminate the case in Missouri (and Final Statement).
The local Clay County, Missouri, court presently charges no filing fee on such a petition to transfer.
Kurt H. King, Attorney at Law, 20 E. Franklin, Liberty, Clay County, Missouri
816.781.6000
General Practice including Guardianships & Conservatorships, Estate Planning, Family Law, Personal Injury law, Workers’ Compensation
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