ABA Strongly Supports State Enactment of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)

Our increasingly mobile society often creates complex jurisdictional issues in guardianship cases. Quandaries arise concerning which state should have jurisdiction, how to transfer a guardianship to another state, and whether a guardianship in one state will be recognized by another.  Guardianship cases that raise these issues may be cumbersome and may result in an expensive loss of time and resources for family members, courts, and lawyers.  Additionally, lack of clear rules of jurisdiction can foster “granny snatching” and other abusive actions. To address these challenging problems, the Uniform Law Commission developed the UAGPPJA to clarify jurisdiction and provide a procedural roadmap 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.  Learn more about the UAGPPJA, what the ABA Commission is doing to support its enactment, and what other organizations endorse it, here.

New
The ABA Commission on Law and Aging has added several new resources to its Guardianship Jurisdiction Web page. These resources include:

(1) An article, “Nine Ways to Reduce Elder Abuse Through Enactment of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act,” that addresses granny-snatching, among other issues;
(2) Three charts on “Reported Cases on Multistate Guardianship Jurisdiction Issues Supporting Need for the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act”
(3) Three charts on “Multi-State Guardianship Jurisdiction Stories Supporting Need for the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.”

Each set of charts provides the same information but is sorted in three ways—by issue, first state involved, and second state involved—for ease of use. If you only want to see the cases and stories for your state, you will want to look at the charts as sorted by first state involved and second state involved. The case charts also indicate in which state the court case was heard.

You can find these new resources and other information about the Commission’s Joint Campaign for Uniform Guardianship Jurisdiction and its continuing interest in collecting stories about multi-state guardianship problems at: http://www.abanet.org/aging/guardianshipjurisdiction/home.html.

Outcomes Assessment Report: ABA Commission Is a Highly Valued and Effective National Legal Resource Center for the Law and Aging Community

In the Spring of 2008, the ABA Commission contracted with a national consulting firm to conduct an outcomes-based assessment of its work under the U.S. Department of Health and Human Services’ Administration on Aging grant. Using an online survey and interviews with key stakeholders, results indicate overwhelmingly that the ABA Commission is a highly valued resource for the law and aging community. Read more about the assessment, including areas identified for growth, here.

Making Medical Decisions for Someone Else: A How-To Guide

The ABA Commission on Law and Aging is pleased to release a new consumer guide titled “Making Medical Decisions for Someone Else: A How-To Guide.” This handbook offers guidance on steps to follow in making health care decisions for another, how to work within the health care system, resolving health care decision disputes and the most common situations faced by persons called on to make health care decisions for someone else. The handbook is free and can be downloaded from the ABA Commission on Law and Aging web site here.

Protecting Against Power of Attorney Abuse

A new research report comparing states’ power of attorney laws with the new Uniform Power of Attorney Act reveals that most states lack a depth of protection for individuals against power of attorney abuse. The report, titled Power of Attorney Abuse: What Can States Do About It, was written by Lori A. Stiegel, senior attorney, and Ellen VanCleave Klem, staff attorney, of the ABA Commission on Law and Aging, and published in November by the AARP Public Policy Institute. The report seeks to encourage states to adopt provisions of the new Uniform Power of Attorney Act. It features background on why the uniform law was developed and highlights key provisions, includes information about each state’s power of attorney laws, and provides a detailed chart comparing each state’s law with relevant provisions of the new model act. Includes advocacy tips for enacting provisions of the Act. Link to the 88-page report from the ABA Commission’s Elder Abuse Web Page at: http://www.abanet.org/aging/elderabuse.shtml

Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists

This handbook is designed for psychologists evaluating civil capacities of older adults. The specific goal of this handbook is to review psychological assessment of six civil capacities of particular importance to older adults, namely, medical consent capacity, sexual consent capacity, financial capacity, testamentary capacity, capacity to drive, and capacity to live independently. Relevant literature, suggestions for assessment tools, and case examples are provided throughout. $25. 146 pp. 2008. To order, e-mail the ABA Commission at abaaging@abanet.org, or order online at http://www.abanet.org/aging/publications/publicationslistorder.shtml#capacity.

No Longer on Their Own: Using Emeritus Attorney Pro Bono Programs to Meet Unmet Civil Legal Needs
This new brochure is designed to help states successfully recruit emeritus pro bono attorneys to provide critically needed legal services to vulnerable seniors and low- and moderate individuals who are now facing their legal problems on their own. PDFs and limited print copies are available for free from the ABA Commission. E-mail your request to the ABA Commission at abaaging@abanet.org. View the PDF version of the brochure here.

See a list of states and jurisdictions that have enacted emeritus pro bono rules, the year the rules were applied, and contact information for a person responsible for overseeing the implementation of the rule here.

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