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

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

Administering Special Needs Trusts and Preserving Public Benefits

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