Wednesday, December 3, 2014

ON ADULT GUARDIANSHIPS

On April 21, 2014, the Uniform Adult Guardian Protective Proceedings Jurisdiction Act (UAGPPJA) took effect in New York as Mental Hygiene Law Article 83.

According to an earlier American Bar Association press release:

"In adult guardianship, state courts give one person or entity the duty and power to make personal and/or property decisions for another person who is determined to be incapacitated. Our increasingly mobile society creates complex jurisdictional issues concerning which state should have jurisdiction, how to transfer a guardianship to another state and whether a guardianship in one state will be recognized by another.  For example, what happens when an incapacitated person owns property in multiple states?  Or when family members, who may need to care for that person, are spread across the country?  Which state's laws govern the situation?  When conflict occurs, it often means a cumbersome and expensive loss of time and resources for family members, courts and lawyers.  Additionally, lack of clear rules of jurisdiction can foster “granny snatching” and other abusive actions.

Because of the myriad problems arising from multi-state guardianship cases, in 2007 the Uniform Law Commission approved the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act to provide a roadmap for addressing dilemmas in such cases."

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