Full question:
I have been a caretaker of a mentally handicapped woman who has lived in Florida for over 30 yrs. Her legal guardian, who has always lived in Florida, is recognized by the state of Indiana as being her guardian(of her person only as of 2001) and is still recognized today. How can Indiana have jurisdiction over someone who has lived in Florida for over thirty years? Is this a valid guardianship? No paperwork has been filed or transferred to Florida. Her trust fund is in Indianna and she has a separate guardian (a bank) there. What should I do to challenge this since now the legal guardian has the mentally handicapped person living with her and will not return her to my home.
- Category: Guardianship
- Date:
- State: National
Answer:
Once a court has jurisdiction over a guardianship, it continues until transferred or terminated. It is possible to transfer jurisdiction, such as when the ward moves to another state, so that the new state now has jurisdiction over the person. However, if she is no longer in Florida, Florida courts may not have jurisdiction. Based on the information provided, or nature of the matter, we are unable to assist over the Internet. It would probably be best that you consult a local attorney for assistance with this, who can review all the documents and facts involved. Please see:
http://definitions.uslegal.com/j/jurisdiction/
http://definitions.uslegal.com/s/subject-matter-jurisdiction/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
