Jan182026
Guardianship Q&A Series

How do I transfer an adult guardianship and conservatorship from one state to another when the protected person is moving into a memory care facility? – North Carolina

Short Answer

In North Carolina, an interstate transfer of an adult guardianship (person) and conservatorship/guardianship of the estate (money and property) usually happens through a two-court process under North Carolina’s Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). The current court issues a provisional transfer order first, the receiving state issues a provisional acceptance order, and then the original court enters a final order ending the case there. The key practical step is showing the move is permanent and that the new memory care plan and property-management plan in the receiving state are reasonable and sufficient.

Understanding the Problem

When a court-appointed guardian/conservator needs to move an incapacitated parent from one state to a memory care facility in another state, the main question is how to keep legal authority continuous across state lines. In North Carolina, the decision point is whether the existing guardianship and estate authority can be transferred to the new state so the guardian can keep making care decisions and managing finances after the move. Timing often matters because admission paperwork, medical consent, and payment arrangements for a memory care facility may require current letters of authority from a court.

Apply the Law

North Carolina follows UAGPPJA, which is designed to avoid competing guardianship cases in multiple states and to create a structured transfer process when an incapacitated adult relocates. If the case is currently in North Carolina and the protected person is moving out of state, the guardian typically files a petition in the North Carolina clerk of superior court (estates division) to transfer the incompetency proceeding and the guardianship (of the person, of the estate, or both). The North Carolina court can enter a provisional transfer order if the move is expected to be permanent, the care plan in the new state is adequate, and the receiving state is expected to accept the case.

Key Requirements

  • Permanent move and presence: The protected person must be physically present in the receiving state or reasonably expected to move there permanently (often supported by a memory care admission plan and discharge/transfer planning).
  • Reasonable care plan: Plans for care and services in the receiving state must be reasonable and sufficient (this is where memory care details matter).
  • Property-management plan: For conservatorship/guardianship of the estate, the court looks for adequate arrangements to manage the protected person’s property after the move (banking, bill pay, benefits, and where assets are located).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the guardian/conservator has an incapacitated parent already living in a memory care facility in one state, and the family plans to move the parent into a memory care facility in another state where the family lives. Under North Carolina’s transfer framework, the strongest transfer request is one that shows (1) the move is intended to be permanent, (2) the receiving facility and care plan are set up and appropriate, and (3) there is a clear plan for managing finances and property after the move (especially if accounts, benefits, or real property remain in the original state).

Process & Timing

  1. Who files: The current guardian of the person, guardian of the estate (conservator), or general guardian. Where: The clerk of superior court (estates division) in the county where the guardianship/incompetency case is pending. What: A petition to transfer the incompetency proceeding and the guardianship to the receiving state, with supporting information about the planned move, the memory care placement, and how assets will be managed. When: As early as possible before the move, because the process requires orders from two states and notice to required parties.
  2. Provisional transfer order in the current state: The court can hold a hearing and, if the statutory findings are met, issue a provisional order granting transfer and directing the guardian to file in the receiving state for acceptance. Practically, this step often turns on whether the receiving state is likely to accept the case and whether the memory care plan is concrete (not just a possibility).
  3. Acceptance in the receiving state, then final transfer: The guardian files in the receiving state to accept the transfer. Once the receiving state issues a provisional acceptance order, the original court can enter a final order confirming the transfer and terminating the original case, after required closing documents are filed.

Exceptions & Pitfalls

  • Trying to “just move” without transfer: A memory care facility, hospital, or bank in the new state may not treat the old letters of guardianship as enough for ongoing decisions. Even when an out-of-state order can be recognized for limited purposes, a formal transfer is often the cleanest way to keep authority clear.
  • Unclear permanence: If the move looks temporary (trial placement, short rehab stay, or no confirmed facility plan), the court may hesitate because the statute focuses on a permanent relocation and a stable care plan.
  • Estate issues across state lines: When assets remain in the original state (real estate, accounts, pending claims), the transfer plan should address how property will be managed and whether additional steps are needed in either state to access or retitle assets.
  • Objections and notice problems: UAGPPJA requires notice to the people who would be entitled to notice in an incompetency/guardianship case. Missing a required person or using the wrong service method can delay the transfer.
  • Eligibility in the receiving state: The receiving state can deny acceptance if the proposed guardian is not eligible there. This is a common reason to confirm requirements (background checks, bonds, training, or residency rules) before filing.

For a related discussion of how transfers are handled when the ward is already living in the new state, see how to transfer an existing out-of-state guardianship.

Conclusion

Under North Carolina law, transferring an adult guardianship and conservatorship to another state typically requires a petition for transfer, a provisional transfer order, an acceptance proceeding in the receiving state, and then a final North Carolina order ending the original case. The court focuses on whether the move is expected to be permanent, whether the memory care plan is reasonable and sufficient, and whether property management will remain protected. The next step is to file a transfer petition in the court that issued the current guardianship and be prepared to file promptly in the receiving state once a provisional order enters.

Talk to a Guardianship Attorney

If a court-appointed guardian/conservator is arranging a move to a memory care facility in another state and needs the guardianship and conservatorship authority to follow the protected person, our firm has experienced attorneys who can help explain the steps, required notices, and timing. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Guardianship Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.