Can a Guardian Live Out-of-State?

 In Long-Term Care Planning, Special Needs Planning

Photo by Shashank Thapa on Unsplash


Can a guardian live in a different state from the protected person?


Yes. I’m not aware of any state that requires that the guardian live in the same state as the incapacitated person, called a “ward” or “protected person” in guardianship laws. That said, proximity to the protected person could be an important factor in a court deciding between two candidates to serve as guardian.


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Should I Get Guardianship for Son with Multiple Diagnoses When He Turns 18?

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Showing 2 comments
  • Tricia

    I am the mother of an incapacitated adult. My former husband of 18 years became guardian when I was sick. Since my ability to leave the marriage he has kept my daughter from seeing me. He has been investigated by the government and shown to have comitted fraud and identity theft in my name. Diverting my mail which has caused me to miss a court date when I was seeking to reinstate guardianship. This is all documented by the Government, FTC, FBI, Postal Inspector and Police Department. How can I help my daughter so she does not suffer the consequences of being Isolated from myself, her siblings and Grandmother. This is devastating to everyone. My former spouse is my daughter’s Step father. He is often out of the country and resides out of state. In 2019 I received a phone call from the Hospital, they reported not being able to contact the Guardian as he waa out of the country. They needed my permission as next of kin for my daughter to receive a life saving Blood Transfusion.I rushed to the hospital, I was so glad to be with my daughter and did not leave her side for 7 days. After the 7th day I left to pickup medicine at CVS when I returned to the Hospital my daughter was not there. Upon my former husband returning to the country he had my daughter discharged from the Hospital and they were instructed to not provide me any further information. His action are unconscionable. He is only Guardian for power and control over me. he does not care what happens to my daughter. When I was Guardian it never crossed my mind to interfere in my daughter’s relationship with her stepfather. That would be a selfish and self-serving Act out of spite and not what is in my daughter’s best interest. This man who is supposed to be representing my daughter’s best interest is torturing her and not allowing her to have any say so. She is now his hostage as I used to be. I want to help her as she has no voice. It is so painful to witness.

    • Harry Margolis

      This is a terrible story. The best course of action is very expensive: hiring an attorney in the state where your daughter is located to fight for her and you. The other option is to report the situation to the children’s protective services program in the state where they are living. This is worth doing, but may not achieve much since such programs are generally underfunded and must listen to both sides of the story. But at least there would be someone looking over your ex-husband’s shoulders.

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