Young Man’s Father Secures Guardianship After Summer Visit
OCTOBER 3, 2016 VOLUME 23 NUMBER 37 Sometimes a legal proceeding in another state can help illustrate the procedures in your own state — because they are different. A guardianship case in Georgia last week is a good example. Melvin Peters (not his real name) is twenty-one years old, and he lives with his father […]
Maine Guardianship Violates Uniform Jurisdiction Act
JULY 25, 2016 VOLUME 23 NUMBER 28 Before any guardianship or conservatorship action can be filed in a local court, the court must have jurisdiction over the person subjected to the proceeding. For many decades that had meant (more or less) that the person must be physically present in the state, and not much more. […]
Transfer of Guardianship to New State Should Be Easy
DECEMBER 9, 2013 VOLUME 20 NUMBER 46 We have written before about transferring a guardianship or conservatorship to Arizona, or out of Arizona, when the subject of the proceeding moves to another state. In fact, Arizona has joined a number of other states (that number, incidentally, currently stands at 37 states, plus the District of […]
Appellate Court Upholds Orders in New Jersey/Texas Guardianship
JULY 25, 2011 VOLUME 18 NUMBER 27 We have told you about Lillian Glasser before. She is a wealthy New Jersey woman with two children who disagree about where she resides, who should manage her health care and finances, and what should be done about financial actions taken in the months before court proceedings were […]
Despite Guardianship, Ward May Have Capacity to Marry
MAY 2, 2011 VOLUME 18 NUMBER 16 We have written in previous installments about differing state laws regarding the ability of a guardian (of the person) or conservator (of the estate) to file a divorce proceeding “for” an incapacitated adult. The question that comes up more often from our clients is a little different, though. […]
Interstate Guardianship Law Adopted in Arizona
JULY 12, 2010 VOLUME 17, NUMBER 22 Among the less-controversial steps taken by the Arizona Legislature in 2010 was the adoption of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which is usually referred to by its unpronounceable acronym UAGPPJA. The new law, which becomes effective on July 29, should make it easier for […]
High-Stakes Guardianship Case Illustrates Multistate Conflicts
APRIL 9, 2007 VOLUME 14, NUMBER 41 Mark Glasser and Suzanne Glasser Matthews, brother and sister, have spent the last two years battling for physical and financial control over their mother, Lillian Glasser. The 86-year-old Mrs. Glasser, who at one point had an estimated net worth of $25 million, has been the subject of proceedings […]
“Full Faith and Credit” Applies In Two-State Probate Actione
APRIL 5, 2004 VOLUME 11, NUMBER 40 A Florida court found Alvarado Kelly incompetent in 1960, and appointed a guardian to manage his property. Fifteen years later Mr. Kelly moved to a facility in Mississippi operated by Sarah Cuevas; he lived in that facility until his death twenty five years later. After his death Mr. […]
Medicaid Eligibility Lost After Recipient Moves From District
JULY 15, 2002 VOLUME 10, NUMBER 2 Although many of the legal problems facing the elderly and the disabled are addressed through state laws, the underlying problems are regional, national or even universal. Though the national medical program for the elderly and disabled, Medicaid, is partially funded and broad guidelines set by the federal government, […]