Guardianship: Moving Your Ward

For most guardians, they never have to worry about the need to move their ward. They let them remain in assisted living, in their home, or wherever they are staying while they continue to handle matters for them as a guardian. However, life is not always completely immobile. There may come a time in which your ward needs to be moved. When this happens, there are some considerations to keep in mind.  As a general rule, a guardian has the right to select the place where their ward will live.  This could be in the ward’s home, in the guardian’s home, in a facility like assisted living or a nursing home, etc.  If the guardian chooses to relocate their ward from one location to another within the same county, there is generally no restriction on doing so, as long as the relocation is in the ward’s best interest.  Recently, the Texas Legislature enacted a new rule that any time a guardian wants to move their Ward to a more restrictive environment (for example, moving from the ward’s home to an assisted living facility), the guardian must file a request with the court asking for permission to do so. 

If, instead, the guardian decides to move the ward to another county or another state, the guardian is best advised to file a request with the Court to do so.  At the point that the ward is moved to either the new county or the new state, it is likely that they will also need to move the guardianship case to that new county or to the new state.  Guardianship cases are generally monitored by the courts in the county in which the ward resides, so if a ward moves out of the original county, the case generally moves with them to the new location.  Unless someone objects to the ward being moved, the courts will generally approve the guardian’s request to move their ward, as long as the Court determines the move to be in the Ward’s best interest. 

Do you have an elderly parent or family member that needs a guardian, but you aren’t sure how to get started? Contact us today to see how Ford + Bergner LLP can help you take care of your loved ones to ensure smooth golden years.