Federal Court Does Not Have Jurisdiction Over Guardianship Appointment

A federal district court holds that even though the requirements for diversity jurisdiction are met, it does not have jurisdiction over the appointment of a guardian in an elder abuse case because the case primarily involves probate and domestic relations matters better left to the probate court. In Re Whatley (U.S. Dist. Ct., D. Mass., No. 05-11881-PBS, October 25, 2005).

Perry Lee Whatley lived in Texas. Relatives initiated a guardianship proceeding, claiming his wife was committing elder abuse. After failing to have the Texas probate judge recused, Mr. and Mrs. Whatley traveled to Massachusetts. While there, a Massachusetts-based protective services agency (ETHOS) petitioned the Massachusetts Probate & Family Court for appointment of a guardian and an order preventing Mrs. Whatley from interfering with protective services.

The Whatleys removed the proceeding to the U.S. District Court for the District of Massachusetts. They claimed the federal court had diversity jurisdiction over the case because ETHOS was in Massachusetts and the Whatleys were residents of Texas and the amount in controversy exceeded $75,000. ETHOS consented to jurisdiction.

The U.S. District Court for the District of Massachusetts holds that it does not have jurisdiction and remands the case to the probate court. The court holds that even if the requirements for diversity jurisdiction are met, the court does not have jurisdiction in probate and domestic relations matters. According to the court, this case is "ancillary" to a probate proceeding because the court would have to assume the powers of the probate court in order to provide a remedy. In addition, determining whether to appoint a guardian for an elderly individual is similar to determining whether to appoint a guardian for a child, so the case also falls within the domestic relations exception.

To download the full text of this decision in PDF format, go to: https://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=saris/pdf/whatley%20ma%20remand.pdf.
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