WHY STATES SHOULD PASS UGCOPAA

by Marcia Southwick

Encourage your state to adopt the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. The Senate Committee on Aging supports this bill, which was created after two years of research into the practices of all 50 states.

Many advocates want the guardianship system to be abolished altogether. If anything this drastic can happen, alternatives that don’t remove fundamental rights would need to be available for those who need aid. UGCOPAA works towards this goal, loosening the grip of the guardianship system. The goal is to create a fairer playing field. The fairer the playing field, the fewer guardianships there will be.

1) UGCOPAA requires Due Process. Emergency petitions must be followed by a hearing within 5 days. If you are subjected to a proceeding, you can hire a defense attorney of choice, or an attorney who must defend your rights will be appointed by the court. (This is a shift away from the “best interest” standard and towards equal rights defense.) If a petition for a permanent guardianship occurs, a hearing is held within 14 days. You and your attorney can cross examine evaluators, the petitioner, and others on the case. Witnesses can be called as well in your defense. If you can’t attend the hearing for reasons beyond your control, the hearing comes to you.

2) UGCOPAA requires the court to consider all possible alternatives to guardianship (such as supported decision-making) before placing a guardianship on someone. UGCOPPA provides guidance as to what the alternatives are in Article 5. With a an attorney to defend you (as was the case for Britney Spears) alternatives can be created that replace the need for guardianship and removal of rights. In most cases, guardianship is unnecessary. (Or conservatorship in California’s case). Alternatives are what allowed the conservatorship to end.

3) A list of people, along with contact info– including family, step-family, close associates, close friends (or anyone who has assisted the person during the past six months), must be provided along with the petition. All of the people on this list are then informed of hearings, the AIP’s rights, and instructions as to how the person under protection can terminate the guardianship. Guardianship is explained in detail to all parties before the hearing.

4) The standard of argument for a petition eliminates hearsay in favor of clear and convincing evidence. This change favors a rights approach over a punitive approach.

5) If a guardianship is absolutely necessary and no other option is available, the guardian must provide a detailed plan for care, along with proposed fees, and this plan is provided to everyone on the list for review and objection. If the guardian strays from the plan, this can serve as a red flag to those who are close to the person under protection. Close associates and family provide more ears and eyes for the court reducing the cost of monitoring, The attorney and person under protection receive all financial accountings and can contest inappropriate charges. Until now, financial accountings have fallen into a black hole, creating secrecy and encouraging fraud.

6) The Guardian cannot restrict visitation for more than 7 days without presenting evidence to the court that the restriction is needed. Presently guardians isolate without reason and they do so of their own accord and for their own convenience.

7) Anyone interested in the welfare of a person under guardianship can petition to terminate the guardianship, or petition for less restrictive alternatives

8)  A system for complaints is set in place, and complaints must be addressed and placed in the guardian’s permanent file to keep track of the guardian’s actions.

9) If a guardian contests a petition for termination, and their effort to keep the guardianship fails, they are responsible for their own legal fees. This disincentivizes guardians from continuing to fight since they are restricted in the use of the protected person’s funds.

10) The court is instructed to issue single orders to solve specific problems. An example might be ordering someone into a care facility, rather than putting a guardianship in place. If a nursing home bill isn’t paid, the court would order that it be paid rather than approve a guardianship simply for that purpose.

The end goal is to use plenary guardianship only when absolutely necessary, to encourage tailored limited guardianships if needed, to use single court orders to solve problems, and to encourage support systems that replace or avoid guardianship and loss of rights. The idea is to respect each person’s fundamental rights to autonomy. UGCOPAA is a living document into which further reforms may be added.

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

The Genesis of Incapacity

Probate courts use the magic phrase "incapacitation" to cash in on Guardianships illegally imprisoning 10's of thousands of American citizens each year. This video explains why the term is the password to these criminally imposed "guardianships".

Source:
YouTube:  The Genesis of Incapacity

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

Texas: Avoid these Estates Code Form Blunders

Since 1955, the Texas Probate Code essentially has covered all of the laws pertaining to wills, estates, probate and guardianship. But this past January, the Texas Probate Code was incorporated into the Estates Code, and all forms were changed to reflect as much.

For a variety of reasons, which Bill Pargaman outlined in his Jan. 8 paper "The Story of the Texas Estates Code," our Legislature incorporated the Probate Code into a new code, the Texas Estates Code. The Legislature might have named the new code any variety of names, including "Estates and Guardianship Code" or "New Probate Code," but it ended up with the moniker of Estates Code. Most states have adopted the Uniform Probate Code, whose statutes usually refer to "Probate Code" in their titles.

Since the change to the Estates Code, judges in Harris County still occasionally have to advise attorneys that there is no longer a Probate Code and that they have made handwritten changes into the furnished orders to reflect correct references to the Estates Code. Of all of the things that can go wrong in the practice of law, this is a minor faux pas, yet it is easily remedied.

To avoid that slightly sheepish feeling, conduct a quick review of the relevant sections of the Estates Code and make changes in forms to reference the "Estates Code" rather than the "Probate Code." It is, however, not sufficient just to use a "Find/Replace" processing program to change "Probate" into "Estates" in one's forms, because everything has a new number and some of the old Probate Code sections have been split across multiple Estate Code sections. For example §45 in the old Probate Code is now Estates Code §201.003.

With the adoption of the Estates Code, the statutory durable power of attorney form was also changed in two important respects. Attorneys can find the form at Estates Code §752.051. The "new" form now requires the principal to select powers to be granted to the agent; therefore, the principal needs to initial either in front of each power to be granted or to select the catchall language under selection "(N)," which covers all powers.

This is exactly opposite from the manner in which authority was granted under the prior form which required that the principal had to cross out powers the principal did not want the agent to have.

Full Article and Source:
Avoid These Estates Code Form Blunders

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

Full Article and Source:
Massachusetts Lawmakers Pass Adult Guardianship Act

Mixed Reactions on Proposed Rules for Ohio Guardians

Judges, advocates and attorneys in Ohio cannot seem to agree on how to fix a broken system meant to protect the elderly and disabled from abuse and exploitation.

The subject of a yearlong Dispatch investigation, the rules for adult guardianships in Ohio are largely left up to individual county probate courts to decide. The Dispatch series, “Unguarded,” revealed that a lack of oversight has allowed some attorneys and family members entrusted to care for the state’s most vulnerable residents to take their dignity, money and freedom.

Despite an outcry from lawmakers and advocates to create changes, the Ohio Supreme Court received conflicting opinions on a draft set of rules that would strengthen the requirements for guardians. In general, judges and attorneys who serve as guardians argued against the rules, while advocates and those who work with volunteer guardians called for quick adoption of the rules and wanted them to be even stronger.

Such differing opinions contributed to delays in drafting the rules, leaving Ohio as one of the few states without a uniform system for overseeing guardianship.

The draft rules would, for the first time, require guardians in Ohio to:
• Meet personally with their wards at least twice a year.
• Undergo a criminal-background check (but not a financial check).
• File an annual report on the health and care of the ward. (Some Ohio counties require a report only every two years.)
• Avoid conflicts of interest and not serve as a direct-care provider for the ward unless authorized by the court.
• Undergo a minimum of six hours of training before serving as a guardian for the first time and attend three hours of training per year thereafter.

Full Editorial and Source:
Reactions Mixed on Proposed Rules for Guardians

See Also:
Columbus Dispatch "Unguarded" Series Page With Links to All Reports
Thousands of Ohio’s most vulnerable residents are trapped in a system created to protect them but instead allows unscrupulous guardians to rob them of freedom, dignity and their money. Even judges who oversee the system acknowledge that it is broken and allowing harm to innocent people. Anyone could end up in this system that currently controls the lives of 65,000 Ohioans. And almost anyone can become a guardian — even a felon.

VI Officials Ponder Uniform Guardianship Jurisdiction Legislation

One of AARP Virgin Islands most recent advocacy projects involves helping community opinion leaders and local legislators to appreciate the importance of adopting the national Uniform Law Commission’s Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, also known as UAGPPJA.

In a nutshell, the legislation would establish three very basic legal premises that would be recognized by all other states who also adopted the UAGPPJA. First, it would determine which court has jurisdiction over a guardianship case. Next it would create a system where courts could communicate and formally recognize one state’s guardianship orders by another state or, in the Virgin Islands, territory. And, lastly, this new law would facilitate interstate transfers of guardianship cases when travel between jurisdictions would benefit the person under guardianship.

While many of us may feel that such a law seems straight forward and clear, history has proven that it isn’t. Too many times, some of the most vulnerable, incapacitated adults have become victims of battling family members wishing to exploit guardianship solely to gain control of the incapacitated person’s estate.

Like the Uniform Child Custody Jurisdiction Enforcement Act, that preceded UAGPPJA, the law will recognize and protect the legal rights of the parent or guardian, providing legal consistency from one jurisdiction to another.

AARP VI feels that enactment of this law will help to prevent elder abuse, neglect and exploitation as well as help expedite medical care unavailable within the territory to be rendered without having to “re-establish” legal guardianship in the new jurisdiction.

During a two-day event, AARP VI first trained key AARP volunteers on the topic and then on the following day educated the President of the 30^th Legislature, a key Judge, attorneys from the public and private law sectors and officials from the Department of Human Services. All agreed that the adoption of the UAGPPJA will prove invaluable to the residents of the Virgin Islands, our legal system as well as  to others from other jurisdictions planning to interact with the territory.

Full Article and Source:
VI Officials Ponder Uniform Guardianship Jurisdiction Legislation

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

Ohio Pondering UAGPPJA - Uniform Guardianship Legislation

State Senator Capri S. Cafaro (D-Hubbard) introduced bipartisan legislation (SB 355) with Senator Mark Wagoner (R-Ottawa Hills) to update Ohio's adult guardianship laws.

"As our population continues to age, it becomes increasingly more important to ensure that our laws accommodate families with out-of-state members and guardians in order to provide the protection and guardianship so desperately needed for our most vulnerable population," said Senator Cafaro.

Provisions within Senate Bill 355 would allow Ohio's probate courts to communicate and coordinate with other state courts regarding adult guardianship and protective proceedings when applicable. It will also ensure that the appointed adult guardian is subject to the jurisdiction of the Ohio probate court, and establish rules for Ohio probate courts in deciding how and whether to proceed with a case when a proceeding is also filed in another state.

The bill has bipartisan support and awaits committee assignment in the Ohio Senate.

Representative Tom Letson (D-Warren) introduced companion legislation (HB 27) in the Ohio House of Representatives.

Full Article and Source:
Senator Cafaro Introduces Uniform Guardianship Legislation

New Jersey Considers UAGPPJA

The New Jersey Legislature is considering a new law to prevent an elder abuse known as “granny snatching” by joining a multi-state network that protects adults who need the assistance of a guardian when families feud.

“There has been one case after another where we have venue challenges and jurisdictional challenges that have caused a lot of problems,” said Sen. Fred H. Madden (D-Gloucester), co-sponsor of the legislation.

Typically, a NJ court appoints a daughter as guardian for an elderly mother incapacitated by Alzheimer’s. The mother then visits another daughter in Florida, who goes to court seeking to overturn the New Jersey guardianship order and be named the new legal guardian.

The bill now under consideration in Trenton -- the New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act -- would allow New Jersey’s guardianship orders to be recognized by other states with the law.

The bills, S1755 and A2628, establish uniform procedures for addressing interstate conflicts regarding adult guardianship issues, and brings New Jersey into an national guardianship reciprocity network that includes more than 30 states.

Full Article and Source:
New Jersey Considers Law to Prevent Granny Snatching

Interstate Conservatorship

The case of an elderly city woman who apparently was taken to Florida by her daughter, in violation of a court order, shows the limitations on state Probate Courts, officials say.

Dolores Gray, 81, is in Florida with her daughter, Jeryl, despite an order by Probate Judge Beverly Streit-Kefalas that Gray, who suffers from dementia, not be removed from the state.

But there is no clear mechanism in place for a Connecticut judge's orders to be enforced in another state, said Vincent Russo, spokesman for the state Probate Court system.

"We've tried for a few years to get a law passed dealing with interstate conservatorships," Russo said. "The Legislature adjourned without passing it this year."

The law, similar to one in effect for child-custody matters, would establish a uniform policy among the states for handling adult conservatorships that may involve more than one jurisdiction, said Paul J. Knierim, the state's Probate Court administrator. "Of course the efficacy of the law depends on the number of states that enact it. But this was first proposed in 2009 and it takes a few years to get something like that passed."

Full Article and Source:
Case of Elderly Woman Taken by Daughter Shows Limits of Probate Orders

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.

Source:
Uniform Adult Guardianship Act Now the Law in 23 States

POA Measure and Revised Guardianship Laws

SB314 erases limited power-of-attorney laws and replaces them with a much broader act proposed by the National Conference of Commissioners on Uniform State Laws. The power-of-attorney measure is aimed at protecting Nevada seniors from abuses by caregivers and, in some cases, their own children.

Lora Myles of the RSVP CARE Law Program, which assists seniors, called the passage and approval of the measure "a major accomplishment."

Myles: "Before SB314, Nevada was rated as one of the worst states in the union as far power of attorney legislation. Now we have precise, wonderful protections for seniors and anyone who executes a power of attorney."

Key provisions of the uniform law include a clear statement of duties for an elderly person's representative, and stringent standards for selling property or altering an estate plan.

SB313, another approved bill, revises Nevada's laws on guardianships, in line with suggestions from the uniform law commission, the National Guardianship Association and Nevada Guardianship Association.

Myles said the measure addresses interstate jurisdiction over guardianships, and referred to it as "the granny kidnapping law" because it applies in cases such as seniors being taken across state borders.

Full Article and Source:
Senior legislation considered

See also:
National Guardianship Association - Certified Guardians

UPC Takes Effect July 1

A new law will take effect in Massachusetts on July 1 relative to guardianships. This issue has been debated and discussed for more than 20 years, and this law is intended to create uniformity among all states across the country; 13 states enacted the law in 2008.

Until now, in Massachusetts, most issues regarding the administration and legal requirements of guardianships were decided on a case-by-case basis. The new law is more than 100 pages long, and one article applies primarily to the protection of disabled people and their property.

Over the past year, changes have been made to both the ‘petition for guardianship of a person’ and the medical certificate required to be filed with the court for a finding of incapacitation.

The court has redefined the requirements to determine that a person is incapacitated when they are unable to attend to their own affairs and are in need of a guardian. In addition, some of the terminology that was utilized for many years is now going to be changed. As an example, in the past, a person who was determined by the court to be incapacitated was referred to as a ‘ward.’ This term is now reserved solely for the guardianship of a minor. Any other person who needs a guardian is determined as an ‘incapacitated person,’ a ‘person in need of services,’ or a ‘protective person.’ Court personnel, attorneys, and the public will have to learn the new terminology as well as, potentially, new forms, procedures, and standards.

Full Article and Source:
The Uniform Probate Code - Enhanced Protection Available for Those Needing Guardianship

More information:
Massachusetts Adopts Uniform Probate Code

See also:
Massachusetts Uniform Probate Code

Probate Reform After 20 Years

Surety Firms Stall Reform

Dangerous Guardianship Petition

Power-Of-Attorney Measure

A state Senate panel was urged to approve a power-of-attorney measure aimed at protecting seniors from abuses by caregivers and, in some cases, their own children.

SB314, reviewed by the Senate Judiciary Committee, would erase limited power-of-attorney laws and replace them with a much broader act proposed by the National Conference of Commissioners on Uniform State Laws.

Proponents of SB314 included Lora Myles of the RSVP CARE Law Program, which assists seniors: "the existing Nevada laws make it tough on seniors in dealing with banks or with authorities when seniors become victims of exploitation."

Myles described a case in which a woman confessed to using a power of attorney “to rip her mother off for a very large sum of money” but police and a district attorney wouldn’t prosecute the case, saying they lacked the authority under existing state law.

Full Article and Source:
Bill focuses on power-of-attorney abuse against seniors

HB305 UAGPPJA is Withdrawn

HB 305 - Adult Guardianship
GENERAL BILL by Schwartz

Adult Guardianship: Creates "Uniform Adult Guardianship & Protective Proceedings Jurisdiction Act"

Effective Date: July 1, 2009

Last Event: Withdrawn prior to introduction on Tuesday, February 24, 2009 2:26 PM

Source:
Florida House of Representatives

See also:
HB305 Adult Guardianship

States Look to Uniform Guardian Laws

Guardian Kelly Qualey watched helplessly from afar as one of her wards, a vulnerable adult from Fargo, ended up with a convicted felon as a roommate after he moved to Texas.

Qualey’s guardianship didn’t travel with the man, who suffered from dementia and mental illness, because the state of Texas didn’t recognize her authority.

Ultimately, the former Fargo resident was placed in an assisted-living facility, where he is better protected from those who would prey upon the unsuspecting. But his case underscores the need for uniform state guardian laws, said Qualey, who is with Guardian and Protective Services.

North Dakota and Minnesota are among a handful of states considering legislation to adopt a standard guardianship law to prevent pitfalls such as the one Qualey’s client faced last year.

Full Article and Source:
ND, Minnesota look to uniform guardian laws

HB305 Adult Guardianship

HB 305 - Adult Guardianship
GENERAL BILL by Schwartz

Adult Guardianship: Creates "Uniform Adult Guardianship & Protective Proceedings Jurisdiction Act"; provides for applicability; provides for interstate communication & cooperation; provides duties of courts regarding appointing guardians or issuing protective orders; authorizes court to assess specified fees, costs, & expenses; provides requirements for proceedings conducted in more than one state; provides conditions for transfer of or acceptance of guardianship or conservatorship to or from another state; provides time limit on modification of guardianship or conservatorship; requires court to recognize guardianship & conservatorship orders from other states; provides for applicability of federal Electronic Signatures in Global & National Commerce Act.

Effective Date: July 1, 2009

Source:
Florida House of Representatives