An Act To Adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Sec. 1. 18-A MRSA Art. 5, Pt. 5-A is enacted to read:
UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
§ 5-511. Short title
This Part may be known and cited as "the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."
§ 5-512. Definitions
As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.
§ 5-513. International application of Part
A court of this State may treat a foreign country as if it were a state for the purpose of applying this subpart and subparts 2, 3 and 5.
§ 5-514. Communication between courts
§ 5-515. Cooperation between courts
§ 5-516. Taking testimony in another state
§ 5-521. Definitions; significant connection factors
§ 5-522. Exclusive basis
This subpart provides the exclusive jurisdictional basis for a court of this State to appoint a guardian or issue a protective order for an adult.
§ 5-523. Jurisdiction
A court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(i) A petition for an appointment or order is not filed in the respondent's home state;
(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) The court in this State concludes that it is an appropriate forum under the factors set forth in section 5-526;
§ 5-524. Special jurisdiction
§ 5-525. Exclusive and continuing jurisdiction
Except as otherwise provided in section 5-524, a court that has appointed a guardian or issued a protective order consistent with this Part has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
§ 5-526. Appropriate forum
§ 5-527. Jurisdiction declined by reason of conduct
(i) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(ii) Whether it is a more appropriate forum than the court of any other state under the factors set forth in section 5-526, subsection (c); and
(iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 5-523.
§ 5-528. Notice of proceeding
If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this State, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this State.
§ 5-529. Proceedings in more than one state
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under section 5-524, subsection (a), paragraph (1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following apply:
TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP
§ 5-531. Transfer of guardianship or conservatorship to another state
§ 5-532. Accepting guardianship or conservatorship transferred from another state
REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES
§ 5-541. Registration of guardianship
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State, certified copies of the order and letters of office.
§ 5-542. Registration of protective orders
If a conservator has been appointed in another state and a petition for a protective order is not pending in this State, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this State by filing as a foreign judgment in a court of this State, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
§ 5-543. Effect of registration
§ 5-551. Uniformity of application and construction
In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 5-552. Relation to Electronic Signatures in Global and National Commerce Act
This Part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede 15 United States Code, Section 7001(c) or authorize electronic delivery of any of the notices described in 15 United States Code, Section 7003(b).
§ 5-553. Transitional provisions
§ 5-554. Effective date
This Part takes effect January 1, 2012.
This bill enacts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as a new Part of Article 5 of the Probate Code. The uniform comments adopted by the National Conference of Commissioners on Uniform State Laws are included.
The bill addresses the issue of jurisdiction over adult guardianships, conservatorships and other protective proceedings, providing an effective mechanism for resolving multistate jurisdictional disputes. It contains specific guidelines to specify which court has jurisdiction to appoint a guardian or conservator for an incapacitated adult. The objective is that only one state will have jurisdiction at any one time.
The bill takes effect January 1, 2012, but applies to all guardianships and conservatorships, including those created prior to that date.