In Support of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Resolution 5 In Support of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
The Conference of Chief Justices and the Conference of State Court Administrators recognize the challenges presented by guardianship and protective proceedings when parties have connections to multiple states. They also recognize the benefits of establishing clear and uniform jurisdiction rules for handling such multi-state cases.
The need to resolve interstate jurisdictional problems and facilitate the transfer of guardianship cases among jurisdictions was a key recommendation of the 2001 Wingspan National Guardianship Conference. In response, the Uniform Laws Commission, formerly known as the National Conference of Commissioners on Uniform State Laws, convened a committee of experts and drafted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) to address these issues.
The UAGPPJA provides a comprehensive framework by:
- Establishing a process for communication and cooperation between courts in different jurisdictions;
- Specifying which court has jurisdiction to appoint a guardian or conservator;
- Limiting jurisdiction to the courts of one and only one state, except in emergencies or when the individual owns property in multiple states;
- Establishing a procedure for transferring guardianship or conservatorship cases from one state to another;
- Facilitating enforcement of guardianship and protective orders across states by authorizing registration of orders;
- Granting full faith and credit to registered orders.
The adoption and implementation of the UAGPPJA would effectively address existing jurisdictional challenges and promote greater uniformity in state law and court practices.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators commend the work of the Uniform Laws Commission in developing this model legislation and recommend that states consider adopting the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Adopted as proposed by the CCJ/COSCA Courts, Children and Families Committee on July 30, 2008.