Can a Guardian, Conservator or Agent Life Out of State?

 In Durable Powers of Attorney, Revocable Trusts, Special Needs Planning

Question:

Can a guardian or conservator live in a different state from the protected person? What about an agent under a durable power of attorney or health care proxy or the trustee of a special needs trust?

Photo by Nicole Harrington on Unsplash

Response:

All of these appointments can be to people out of the state or even out of the country. Residence has no bearing on anyone’s legal ability to serve in these roles. However, it can affect their practical ability to carry out their roles, making it more difficult, for instance, to meet with doctors, monitor care and go to banks and financial institutions to set up accounts. These are considerations that attorneys and their clients should take into account when choosing who to designate on estate planning documents. And courts will take them into account if there’s a dispute between people seeking to be appointed as guardian or conservator.

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