Can a Guardian Live Out-of-State?

 In Long-Term Care Planning, Special Needs Planning
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Photo by Shashank Thapa on Unsplash

Question:

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

Response:

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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