As relocation throughout the United States becomes easier, the need to transfer guardianship from one state to the next becomes necessary. Many relocation motivations include military assignments, new job or promotion, better circumstances to meet the needs of your ward, access to better medical facilities, or the climate and environment are more appealing.
Regardless of the motivation, if you are the guardian of a minor or adult ward, you will need to transfer the guardianship from your current state to Oklahoma in order for it to be enforceable.
Just the action of moving from one state to the next can be difficult – not to mention accommodating a disabled individual that depends on you during the move. In order to minimize any stress from this event, seek out a guardianship attorney in your current state and a guardianship attorney in Oklahoma to ensure the process is conducted properly.
Uniform Adult Guardianship and Protective Proceedings Jurisdictional Act
Over the years, the Uniform Adult Guardianship and Protective Proceedings Jurisdictional Act (UAGPPJA) has been gaining momentum in its acceptance throughout the states. At this time, 37 states have adopted the act.
The UAGPPJA was created in order to make the process of transferring guardianship from one state to another more streamlined and uniform. The act makes it possible for the new state to stipulate, or agree, on the findings of the home state that established the guardianship. Therefore, accepting the guardianship transfer as long as all the forms and filings are done correctly.
Oklahoma has adopted this act; if the home state also adopted this act, then the transfer should be generally smooth. However, guardianship attorneys in both states are still necessary because each state could have their own set of terminology, different form numbers, or specific forms or requirements in addition to the UAGPPJA requirements.
Complicated proceedings are likely to occur if you try to represent yourself during the process.
Oklahoma UAGPPJA Process
The procedure to transfer guardianship from one state to the next is generally straightforward. The home state must grant permission to the new state to transfer and begin proceedings, then back and forth notifications and information is exchanged, the transfer is granted, and the case is closed in the originating state.
For example, if you move from Utah to Oklahoma, you first would need to hire a guardianship attorney to file a petition requesting permission for a provisional order granting the ability to petition in Oklahoma for a transfer.
After your guardianship attorney submits your provisional order to Oklahoma and files a petition, Oklahoma would then make an order allowing the provisional order, review the guardianship case file, and confirm that Oklahoma will accept the transfer.
Last, your guardianship attorney in Utah will provide the order from Oklahoma granting the acceptance of the provisional order and acceptance of the guardianship. A request to discharge the guardianship from Utah will be made and the case will be closed in Utah.
Your Oklahoma guardianship attorney will present this information to the Oklahoma court showing the discharge of the guardianship from Utah. Oklahoma is then able to formerly accept the guardianship.
Following these steps ensures a transfer of your guardianship between any state that has adopted the UAGPPJA.
Initial Consultation with a Tulsa Guardianship Attorney
These steps to transfer guardianship, although appearing easy and straightforward, can still be confusing and incorrectly executed. Having a guardianship attorney that is highly skilled will ensure that the transfer of your guardianship is properly conducted.
Hiring a knowledgeable guardianship attorney will ensure the process is expertly conducted and your interests are protected.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.
For a low-cost confidential consultation, call now: 918-924-5526.