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Family Expert
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Category: Family Law
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Experience:  25 Years
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What state has jurisdiction Illinois or Florida

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What state has jurisdiction? Illinois or Florida?Two years ago, my father resided in Illinois. After an extensive guardianship proceeding, my father was transferred to Florida and currently lives with me and muy family since beginning of 2006.

Although I am his primary care manager the 'plenary guardian on record' resides in Illinois and has been reporting to a judge in Illinois court. His assets are split between Illinois and Florida.

As a disabled person, what state has jurisdiction of him as a disabled person at the present time?   Illinois or Florida? Florida attorneys tell me they dont know Illinois law and Illinois attorneys tell me they dont know Florida law.
Submitted: 9 years ago.
Category: Family Law
Expert:  Family Expert replied 9 years ago.

Why can't you file for guardianship in Florida and have the Illinois guardian petition the Illinois court to dissolve the Illinois Guardianship. I think that is the way to go, assuming you j ust want to have a Florida Guardian now that your father is living in Florida.


Customer: replied 9 years ago.
Reply to Family Expert's Post: Thank you for your response. Yes, we are in the midst of transferring the guardianship to Florida. However, I wish it was that simple.   I continue to encounter all sorts of delays in this process, which are too long to get into explanation at this time.

As is stands right now --- my father is in Florida for two years, plenary guardian is in Illinois, and an Illinois judge reviews the case every year.

I still do not understand who has jurisdiction over my father as of today, May 1st 2008 -- Illinois or Florida? I understand that Illinois law and Florida law are different but which one takes precedence while my father has physically been in Florida for over two years.
Expert:  Family Expert replied 9 years ago.

Unfortunatelyit is not as simple as you would like. But Florida has "jursidiction" over your father just at Florida has jurisdiction over any resident of Florida and he should be netitled to all the rights and benefits of any other citizen of Florida. He justhappens to have a "guardian" who lives in Illinois. That "gurardian" has the right to make your father's decision for him and to control his estate (assets) -- I'm assuming that the Illinois guradian is the guardian of the "person" and the "estate."

Best wishes,

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