Bill No.:                     SF0039                                   Drafter:  MQ

LSO No.:                   13LSO-0214                         Effective Date:  7/1/2013

Enrolled Act No.:    SEA0015

Chapter No.:            CH0021

Prime Sponsor:       Senator Ross

Catch Title:              Uniform Adult Guardianship Jurisdiction Act.

Subject:                     Enacts the model Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Summary/Major Elements:

· Enacts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

· Comprehensive act addresses problems relating to multiple jurisdiction, transfer and out of state recognition.

· Currently 42 states either have adopted the act or are in the process of adopting the act.

· The full faith and credit clause of the U.S. constitution requires courts in one state to be honored in another state.  Guardianship and protective proceedings law is an exception to the clause.  Many times these proceedings must be initiated in a second state because financial institutions, care facilities and courts fail to recognize a protective proceeding in another state.

· The act contains key definitions and terminology to determine the individual’s home state and significant connection state, which are designed to facilitate cooperation between courts in different states.

· Act specifies which court has jurisdiction to appoint a guardian or conservator.

· Act specifies a procedure for transferring guardianship or conservatorship proceedings from one state to another.

· Act deals with enforcement of guardianship and protective orders in other states.