On Aug. 7, 2014, amidst a flurry of other legislative
enactments, Gov. Deval L. Patrick signed into law Massachusetts Bar
Association-championed legislation relative to the uniform adult
guardianship and protective proceedings act. Chapter 225 of the
Acts of 2014 will bring clarity and predictability to guardianship
cases in which more than one state is involved. The bill's scope is
narrowly focused and will not substantively change
guardianship/conservatorship laws in Massachusetts. Instead, it
will address interstate jurisdictional conflicts. Passage of this
uniform acts brings Massachusetts law into conformity with 38 other
states, in addition to the District of Columbia and Puerto
Rico.
"Those familiar with the recently passed Guardianship Jurisdiction
Act realize that in cases where more than one state is involved the
act brings both clarity and predictability, allowing attorneys to
anticipate a certain result," said MBA Probate Law Section Council
member Frederick L. Nagle Jr. "It clarifies the weight to be given
to the specific facts of each case in determining the proper
jurisdiction in which to begin an action where more than one state
is involved."
Nagle added: "The bill also allows for full faith and credit to be
given by one state to the decree issued by the state [that] took
initial jurisdiction by providing for recognition of the authority
of a fiduciary initially appointed in another jurisdiction. It also
creates a uniform method for transferring, where necessary,
jurisdiction from the court from which the initial appointment
issued to the appropriate court in another jurisdiction. The
benefit to fiduciaries for, and families of, incapacitated persons
are obvious."
The MBA worked cooperatively with AARP of Massachusetts, The Arc
of Massachusetts, Alzheimer's Association: MA/NH Chapter,
Massachusetts Guardianship Association, National Academy of Elder
Law Attorneys, Massachusetts Chapter and the Uniform Law Commission
to obtain the successful passage of this vitally important
law.
"This passage of the Uniform Adult Guardianship and Protective
Persons Jurisdiction Act is a great help to Massachusetts attorneys
and protected persons," said MBA Probate Law Section Council member
Raymond H. Young.
Lauren Anderson contributed to this article.