When a person under guardianship moves to a new state, their legal protection doesn't automatically follow them across state lines. If you are a guardian appointed in another state and your ward has moved to Texas, you must domesticate that guardianship to have the legal authority to act within the Lone Star State.
The Application for Receipt and Acceptance
In the legal world, an out-of-state guardianship is referred to as a foreign guardianship. To have this recognized in Texas, you must follow a specific procedure outlined in the Texas Estates Code ยง 1253.051, known as an Application for Receipt and Acceptance of Foreign Guardianship.
This process allows a Texas court to accept the transfer of a guardianship from another jurisdiction. One of the primary benefits of this procedure is that you generally do not have to re-prove that the ward is incapacitated, as a court has already made that adjudication. However, you must provide the Texas court with all records from the prior out-of-state court to ensure the transition is documented and legitimate.
Why Texas Letters of Guardianship are Essential
You might wonder if you can simply use your existing out-of-state letters of guardianship. Practically speaking, the answer is no. If you bring California or New York letters of guardianship to a Texas hospital, bank, or nursing facility, they will likely refuse to recognize your authority. These institutions require Texas Letters of Guardianship to comply with local regulations and to ensure they are protected from liability. Domesticating the guardianship ensures you have the proper documentation that Texas entities recognize and honor.
Coordinating Between Two States
The transfer process requires cooperation between the originating state and Texas. You must get the state where the guardianship was originally adjudicated to agree to relinquish the guardianship and the new state to agree to accept it.
Even though the incapacity has already been proven, a Texas judge will still ensure that the guardian qualifies under Texas standards. Texas has specific requirements for guardians to ensure the safety of the ward, and the court will verify that you meet these qualifications before officially transferring the guardianship. While the cost and effort are similar to starting a guardianship from scratch, following the transfer procedure is legally required when a guardianship already exists elsewhere.
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