Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) Now the Law in 23 States

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) has now been enacted in 23 states nationwide. The UAGPPJA was drafted and approved by the Uniform Law Commission (ULC) in 2007.

The Uniform Act addresses the issue of jurisdiction over adult guardianships, conservatorships, and other protective proceedings. Under the Act, a “guardian” is appointed to make decisions regarding the person of an incapacitated adult, and a “conservator” is appointed to manage the property.

The objective of the Uniform Act is simple: to ensure that only one state has jurisdiction at any one time. To that end, the Act contains specific guidelines to specify which court has jurisdiction to appoint a guardian or conservator for an incapacitated adult. The Act does this by prioritizing the states which might claim jurisdiction. The state with primary jurisdiction is the “home state,” defined as the state in which the adult has lived for at least six consecutive months immediately before the beginning of the adult guardianship or protective proceeding.

The second is the “significant-connection state,” which is broadly defined to include the location of the individual’s family, a state where the individual might have lived for many years, or the state where the individual’s property is located.

If the home state and all significant-connection states decline jurisdiction, or if the individual has no home state or significant-connection state, then another state may claim jurisdiction. The Act provides that once a court has jurisdiction, this jurisdiction continues until the proceeding is terminated or transferred.

The Act provides comprehensive procedures for transferring guardianship or conservatorship proceedings from one state to another. The Act also includes provisions for the enforcement of guardianship and protective orders in other states.

The UAGPPJA has now been enacted in: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, District of Columbia, Idaho, Illinois, Iowa, Maryland, Minnesota, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Oregon, South Carolina, Tennessee, Utah, Washington, and West Virginia.

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Uniform Adult Guardianship Act Now the Law in 23 States