Bill in Legislature Will Recognize Guardianship in the Virgin Islands

Virgin Islanders can breathe a sigh of relief when Bill No. 31-0184 is enacted. That’s when individuals in the V.I. who are legal guardians will have the ability to maintain that Guardianship authority in other U.S. states that have also enacted Uniform Guardianship and Jurisdictional codes.

The bill, sponsored by Senators Janette Millin Young, Myron D. Jackson and Nereida Rivera-O’Reilly, is the Virgin Islands Uniform Guardianship and Protective Proceedings Act. If passed, this legislation will formally detail the process whereby legal guardianship in the V.I. can be obtained and how that same guardianship authority can be recognized in other U.S. jurisdictions.

Guardianship, also known as conservatorship, is the legal transfer of authority for property and/or personal decision making when an individual is found to be incapable of managing his or her own affairs. Guardianships often involve minors, dependent adults or the elderly suffering from diseases impacting their mental faculties. When an adult is placed under guardianship, they may lose their basic civil liberties (right to vote, marry and make decisions about where they live, spend their money and medical treatment).

In recent times, the courts oversight of both protection for these rights and monitoring of the guardian’s performance of their duties have varied dramatically state by state. To improve the quality of protections offered by guardianship and to reduce the potential for abuse, states have begun adopting standards of practice and certification for professional guardians proffered by the Uniform Law Commission. States that ultimately adopt these uniform laws enable a Court’s decision in one state to be recognized in other participating states.

What will this mean for Virgin Islanders? The uniformity between jurisdictions that have adopted both the Uniform Guardianship and Protective Proceedings Act and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) portion will streamline the legal recognition process in other states, reduce litigation costs and save valuable time. These three savings become critically important when decisions involving healthcare, for instance, are involved and time is of the essence.
When Bill No. 31-0184 is passed, the V.I. will join 42 other United States jurisdictions that share the same Guardianship and Guardianship Jurisdiction standards.

Source:
Bill in Legislature Will Recognize Legal Guardianship in V.I.

Senate passes elder guardianship bill

State Senator Rick Jones

LANSING – The state Senate has passed a bill from state Sen. Rick Jones, R-Grand Ledge, meant to prevent Michigan senior citizens from being taken out of state and abused.

Jones’ Senate Bill 270 allows Michigan judges to take jurisdiction over questions of elderly guardianship if certain criteria dealing with everything from the wishes of the senior to how long they’ve lived in the state to where their property is.

In a statement, Jones said his bill was inspired by a Michigan woman whose son took her to another state and put her on drugs that made her seem incompetent, which he used to have himself appointed guardian so he could “drain her bank accounts.” The woman’s family in Michigan had to fight to bring her back here and “once off the drugs, it was clear the woman did not need a guardian,” the statement said. That case was made more difficult because a Michigan judge found he had no jurisdiction.

Under the bill, “Michigan courts should have the power to stop someone from taking advantage of our most vulnerable residents — our seniors,” Jones said in a statement.

The bill passed 37-0 and now heads to the state House.

Full Article & Source:
Senate passes elder guardianship bill

NC: Alzheimer's Advocates Push for Bill Recognizing Out of State Guardianship

The Alzheimer's Association is pushing lawmakers to take a closer look at a bill it says would go a long way toward helping to care for those who suffer from the neurodegenerative disease.

Advocates lobbied at the General Assembly on Wednesday in favor of the Uniform Guardianship Act.

The bill would recognize the legal guardianship of an Alzheimer's patient already established in another state if those people move to North Carolina.

"It's kind of a no-brainer in the sense that if all state recognize the guardianship order from other state courts, it will allow other people to come here without problems," explained Scott Herrick, with the Western Carolina chapter of the Alzheimer's Association. "[They can] bring loved ones down from other states when they need to care for them with dementia."

Advocates say Alzheimer's affects about 160,000 people in North Carolina.

Source:
Alzheimer's Advocates Push for Bill Recognizing Out of State Guardianship

AARP Mass Director Credits Members With Legislative Wins, Including UAGPPJA

Mike Festa has a lot of experience serving the state’s aging community. He assumed the post of AARP Massachusetts’ state director in January 2013, and previously served as the state’s Secretary of Elder Affairs.

Before that he had been a state representative for Melrose and parts of Wakefield for five terms prior to that. In his 17 plus months at AARP, Festa has learned about the respect his organization carries when it comes to advocating for issues important to the lives of residents 50 and older.

“We’re engaged in a lot of big issues that affect people’s lives: financial security, health care, health security and just having a livable and fulfilled life in our communities,” Festa said of AARP. “When you have a non-profit organization as powerful and as well-perceived as AARP is, it gives you a wide swath of opportunities to speak on issues and it gives you a lot of credibility.”

One of those issues was the passing of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which was signed by Gov. Deval Patrick last month and becomes law on Nov. 6., making Massachusetts the 39th state, along with the District of Columbia and Puerto Rico. “Although it only affects a small amount of people, it will allow people to move from one state to another and not have a problem and not have to start from scratch with their guardianship,” Festa said.

He credits AARP Mass. members for playing an important role in convincing their elected officials to put the law into place. “There’s no way this law would have passed the house and the senate without a lot of people making the phone calls to their Legislators and the Speaker of the House, the Senate President and chairs of Ways and Means. There was a point a couple weeks ago we were getting a 100 plus calls into the legislature every day.”

It’s a key victory for the state’s 50 and older population. “It’s been a very good year for the state in terms of its government’s commitment to supporting family caregivers — whether it’s in the home care programs or quality of life things like increasing resources for fighting elder abuse. And there was a significant increase of the senior center/council on aging funding,” Festa said, noting it was the first time in six years there have been significant increases in some of those areas.

While progress has been made, Festa said, “We’re an aging state and we have to expand the resources to support people in their communities. There’s no question that people want to live at home, but you can’t do that without these kinds of supports, whether it’s Meals on Wheels or the home care program.”

Full Article and Source:
AARP Mass. Director Credits Members With Legislative Wins

UAGPPJA: 39 States and Counting

When enacted, UAGPPJA does four simple things to protect older people and their family caregivers:

     1. It outlines a set of rules for transferring guardianship from one state to another.
     2. It allows states to recognize and register guardianship orders from other states.
     3. It creates a clear process for determining jurisdiction by designating the “home state.”
     4. It protects older people against abuse and exploitation because the guardianship order is registered in other states.

While every situation is different, the fact is: Caregiving situations change. And caring for our loved ones across state lines should be consistent when it comes to law.

AARP will continue to fight until UAGPPJA becomes law in every state to ensure that older people and their family caregivers — especially those who provide care across state lines — have the protection they deserve.

Full Article and Source:
39 States and Counting - Caregiving Across State Lines

Massachusetts Passes UAGPPJA - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Massachusetts crossed a major hurdle yesterday when the House of Representatives passed the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA).  If the bill is signed into law, Massachusetts would join 38 other states, the District of Columbia, and Puerto Rico in adopting a model set of rules to make it easier for family caregivers to provide care across state lines.

“Thanks to the leadership of Speaker of the House Robert DeLeo, bill sponsor Representative Anne Gobi, and Representatives James O’Day, Christopher Markey, and Paul Brodeur, the House has passed UAGPPJA, which will provide uniformity and reduce jurisdictional conflicts with other states,” said Mike Festa, AARP Massachusetts state director.

The UAGPPJA designates that the individual’s “home state” has primary jurisdiction, followed by a state in which the individual has a “significant connection,”  thereby creating a clear process for determining which state has jurisdiction to appoint a guardian or conservator if there is a conflict.

When individuals are incapable of managing their personal decisions or property, a court may appoint a guardian to make decisions on their behalf.  These decisions can be related to personal property, medical care, living arrangements and financial issues.  As a judicial proceeding, guardianship orders can be expensive, time-consuming and complex, but also can help prevent elder abuse and financial exploitation.

If more than one state is involved in a guardianship case, families can be caught in jurisdictional tangles.  The solution is a simple set of jurisdictional rules to which all states can agree.
The Uniform Act outlines a procedure for transferring a guardianship or conservatorship to another state and for accepting a transfer, helping to eliminate the expense and wait.  UAGPPJA helps to facilitate enforcement of guardianship and protective orders from other states by authorizing registration in Massachusetts

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Massachusetts Lawmakers Pass Adult Guardianship Act

NY: UAGPPJA Bill Would Ease Guardianship of Out of State Elderly Relatives

The AARP is urging state lawmakers to pass a bill that would make it easier and cheaper for New Yorkers to care for elderly relatives located in another state.

Sen. Kemp Hannon, R-Nassau County, said during a news conference Tuesday that the bill would simplify the process for individuals who act as legal guardians to family members across state lines.

The Senate passed the bill later in the day.

“Right now, if somebody has a guardianship and goes to another state, you have to go through the process all over again,” said Hannon, who is also chairman of the Senate Health Committee. “It’s the same as if you come in to New York or if you go to another state.”

New York would become the 37th state to adopt the measure. Current law dictates that state residents comply with other states’ court systems for elderly care.

Assemblywoman Helene Weinstein, D-Brooklyn, said New Yorkers often move to another state while their parents remain home, needing help with health-care management.

“It allows the guardianship to travel with the individual instead of a new procedure having to be started,” Weinstein said. “It is one of these proposals that makes so much common sense, you kind of wonder why we haven’t had this in place before.

AARP said it is pushing the measure nationwide in order to create a uniform standard that allows individuals to file a registration form in other states where their relatives live.

AARP said the person’s home state would have primary jurisdiction.

Full Article and Source:
Bill Would Ease Guardianship of Out of State Elderly Relatives

MADDEN BILL TO RECTIFY ADULT GUARDIANSHIP ISSUES BETWEEN STATES SIGNED INTO LAW

TRENTON – Legislation sponsored by Senator Fred Madden (D – Gloucester, Camden) that will establish uniform procedures to address interstate conflicts regarding adult guardianship issues has been signed into law.

“For too long confusion has reigned regarding this issue. Arguments and questions over which state had jurisdiction have simply delayed the more important issue of establishing guardianship and protective orders. This law will remedy all of that and is, frankly, long over due,” said Madden.

The bill, known as the “New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act,” (S1755) will establish that a New Jersey court will have jurisdiction to appoint a guardian or issue a protective order for a person if: New Jersey is that person’s “home state”; on the date the petition is filed New Jersey is a state with a “significant connection”; or if the home state and all significant connection states have declined jurisdiction.


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MADDEN BILL TO RECTIFY ADULT GUARDIANSHIP ISSUES BETWEEN STATES SIGNED INTO LAW

Pennsylvania Passes UAGPPJA

Laws, even popular and necessary ones, take some time to travel through the system. This fact became apparent again when Pennsylvania passed its version of a model uniform law for guardians with the jaw breaking title of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). The law will go into effect on Sept. 5, 2012.

In a model of cooperation, Pennsylvania’s law passed the House last year 196-0 and the Pennsylvania Senate this year 49-0. It was supported by the Pennsylvania Association of Elder Law Attorneys (PAELA) to which I belong and by the Pennsylvania Bar Association.
I first wrote about the need for uniform guardianship laws on May 4, 2009. See www.dailylocal.com under search for Colliton and 2009. Why the law is important to average people is because one of the specific problems it deals with is the issue popularly referred to as “Granny snatching.”

Suppose, for instance, you apply for guardianship in Pennsylvania for your mother who has lived here all her life. Another relative or acquaintance, without your knowledge, signs her out of a personal care home or takes her from homeand makes arrangements to transport her out of state. That person files for guardianship in another state. Without a uniform act where each state recognizes the other state’s proceedings, the result could be a nightmare.

Full Article and Source:
COLLITON: ‘Anti-Granny Snatching’ Law Passed in Pa.

Pennsylvania Poised to Adopt UAGPPJA

In the United States each state has developed its own distinct system of protecting adults who need the assistance of a guardian. The multiplicity of potential state jurisdictions means that confusing issues and conflicts frequently arise when an incapacitated person has some presence in more than one state.

There is a path to simplifying the multi-state issues that arise when an adult needs a guardian. The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) has been enacted in a majority of states (but not in Pennsylvania as of May 5, 2012). UAGPPJA addresses the many problems relating to multiple jurisdiction, transfer, and out of state recognition. It establishes a roadmap for communication, uniformity and reciprocity between states. It includes a requirement to recognize guardianship decisions that occur in a different state and provides direction on how courts should handle guardianship cases that span state boundary lines. But it can only work when all the states involved have adopted the uniform law.

Now Pennsylvania appears poised to enact UAGPPJA. House Bill 1720 will adopt the uniform jurisdiction law in Pennsylvania. It passed the House by a unanimous vote (196-0) on October 26, 2011. The bill is now awaiting concurrence by the Pennsylvania Senate.

Full Article and Source:
Pennyslvania Poised to Adopt Uniform Guardianship Jurisdication Legislation

See Also:
House Bill 1720

Uniform Law Commission

Petition by Dee King

We the undersigned want our legislators to say "NO" to the proposed Bill # SB 576 called the 'Uniform Adult Guardianship and Protective Proceedings Act'.

This bill, if approved, would create broader jurisdiction for the probate courts and would deprive us, the elderly, the disabled and others the right to a defense of "deprivation of liberty" and our due process rights would be altered or negated.

We, by signing, state emphatically, that we want to put an end to the proposal and/or acceptance of this bill that would rob us, the citizens, of our rights.

Therefore, we hereby pronounce our vehement opposition to SB 576 and entreat our legislators to defeat this legislation.

Sign the petition:
SAY 'NO' TO UNIFORM ADULT GUARDIANSHIP/JURISDICTION ACT

Dee King is the daughter of guardian abuse victim Daniel Gross