The American Bar Association Commission on Law and Aging (ABA Commission) is looking for stories about how multi-state guardianship problems affect the lives of vulnerable individuals and their families, especially stories involving elder or adult abuse.
Adult guardianships often involve more than one state, raising complex jurisdictional issues. For example, many older people own property in different states. Family members may be scattered across the country. Frail, at-risk individuals may need to be moved for medical or financial reasons. Thus, judges, guardians, and lawyers frequently are faced with questions about which state should have initial jurisdiction, how to transfer a guardianship to another state, and whether a guardianship in one state will be recognized in another.
Such jurisdictional issues can take up vast amounts of time for courts and lawyers and can cause cumbersome delays and financial burdens for family members. Jurisdictional tangles can bar timely medical treatment for incapacitated individuals and can exacerbate family conflict. Moreover, lack of clear jurisdictional guideposts can facilitate “granny snatching” and other abusive actions.
To address these challenging problems, the Uniform Law Commission in 2007 approved the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). The UAGPPJA seeks to clarify jurisdiction and provide a procedural road map for addressing dilemmas where more than one state is involved. The UAGPPJA cannot work as intended -- providing jurisdictional uniformity and reducing conflict -- unless all or most states adopt it.
Your stories about how multi-state guardianship problems affect the lives of vulnerable individuals and their families can make a real difference!
HOW YOU CAN HELP:
(1) Send your stories to the ABA Commission at:
guardianshipjurisdiction@staff.abanet.org
(2) Indicate whether the ABA Commission staff may share your name and contact information with the Uniform Law Commission staff. They may contact you regarding legislative advocacy within your state. ABA staff will not share this information without permission; we don’t want to discourage anyone from sending stories.
The ABA Commission’s Joint Campaign for Uniform Guardianship Jurisdiction is funded by the ABA Section of Real Property, Trust and Estate Law; the American College of Trust and Estate Counsel Foundation; and the Uniform Law Foundation. For more information about the UAGPPJA and the Joint Campaign, visit:www.abanet.org/aging/guardianshipjurisdiction
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Adult guardianships often involve more than one state, raising complex jurisdictional issues. For example, many older people own property in different states. Family members may be scattered across the country. Frail, at-risk individuals may need to be moved for medical or financial reasons. Thus, judges, guardians, and lawyers frequently are faced with questions about which state should have initial jurisdiction, how to transfer a guardianship to another state, and whether a guardianship in one state will be recognized in another.
Such jurisdictional issues can take up vast amounts of time for courts and lawyers and can cause cumbersome delays and financial burdens for family members. Jurisdictional tangles can bar timely medical treatment for incapacitated individuals and can exacerbate family conflict. Moreover, lack of clear jurisdictional guideposts can facilitate “granny snatching” and other abusive actions.
To address these challenging problems, the Uniform Law Commission in 2007 approved the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). The UAGPPJA seeks to clarify jurisdiction and provide a procedural road map for addressing dilemmas where more than one state is involved. The UAGPPJA cannot work as intended -- providing jurisdictional uniformity and reducing conflict -- unless all or most states adopt it.
Your stories about how multi-state guardianship problems affect the lives of vulnerable individuals and their families can make a real difference!
HOW YOU CAN HELP:
(1) Send your stories to the ABA Commission at:
guardianshipjurisdiction@staff.abanet.org
(2) Indicate whether the ABA Commission staff may share your name and contact information with the Uniform Law Commission staff. They may contact you regarding legislative advocacy within your state. ABA staff will not share this information without permission; we don’t want to discourage anyone from sending stories.
The ABA Commission’s Joint Campaign for Uniform Guardianship Jurisdiction is funded by the ABA Section of Real Property, Trust and Estate Law; the American College of Trust and Estate Counsel Foundation; and the Uniform Law Foundation. For more information about the UAGPPJA and the Joint Campaign, visit:www.abanet.org/aging/guardianshipjurisdiction
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3 comments:
I believe the Bar is all too familiar with multi-state grannynaps. Now they want stories?
Why? What did the Bar do for Dan Gross or Maydelle Trambarulo?
Nothing.
There's some other reasoning behind this...
Hmmmmmmmmmmmm I smell a shipload of RATS!
I'll tell you why they want stories - they, the bar association, wants to study those who submit a story to learn how the case was WON or LOST for their future use for personal enrichment.
Why do I read between the lines and suspect hidden motives?
Many reasons but in part, due to personal experience.
I was paid very well to participate in a mock jury, decades ago.
We heard a brief summary of the case (I recognized the lead attorney) which was very high profile and mega millions case; we listened to the case opening statements, testimony, evidence and closing arguments.
Then, we went into the jury room to deliberate the case while the lawyers with cameras were watching and taping the mock jury deliberations.
At one point, one of the lawyers who were observing us through a window, came into the jury room and urged us to argue our positions and discuss the evidence of the case in more detail.
Why?
They learned what worked; how to improve their litigation; how to stack their jury pool (in their favor) and how the jury would deliberate.
I believe they want to make it easier for the guardians and attorneys to force unwanted guardianships, not to make it easier for the vulnerable. It is bad enough that guardianships are being granted without due process. Can you imagine if another state, where you have never lived would have jurisdiction over you and could take away your basic civil rights? This is a nightmare.
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