Utah Passes Uniform Guardianship Act

In March, Utah became the first state to pass the Uniform Guardianship and Protective Proceedings Act (UGPPA), which provides a mechanism for resolving multi-state jurisdictional disputes over adult guardianships, conservatorships, and other proceedings. The law is designed to address situations in which two states have jurisdiction over an incapacitated adult and to ensure that only one state has jurisdiction at a time.

One problem that can occur in guardianship cases is a situation in which, for nefarious purposes, an individual moves an elderly relative from his or her home to another state and files a guardianship proceeding in order to gain control of the individual's assets. In other cases, courts may disagree on who has jurisdiction over an individual with property in more than one state. Another problem arises when a guardian wants to transfer his or her ward to another state in order to receive medical care or other services there.

The UGPPA contains the following provisions meant to specifically address these jurisdictional issues:

• The state with primary jurisdiction is the "home state," which is defined as the state in which the incapacitated individual has lived for the past six months.
• The state with secondary jurisdiction is the "significant connection" state, which can be, among other things, the state where the individual's family is located or where the individual has property.
• If there is no home state and no significant connection state, another state may claim jurisdiction.
• Guardians may transfer cases from one state to another by filing petitions with the home state and the receiving state and providing a notice to all the parties involved.

In addition, the act includes provisions to allow for the recognition of guardianship proceedings in other states.

The purpose of the UGPPA is to provide "a bright line rule" for courts, according to David Nixon, an attorney in Fayetteville, Arkansas, and the chair of the committee that drafted the UGPPA. The whole point is "to simplify things so that they move more smoothly."

Utah enacted the UGPPA on March 17, 2008. In addition, the act has passed the legislatures in Alaska and Colorado, and it has been introduced in the District of Columbia and Missouri.

To read the full text of the UGPPA, click here.