Senate Bill S7464

2011-2012 Legislative Session

Enacts the uniform guardianship and protective proceedings jurisdiction act

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2012	referred to mental health and developmental disabilities

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2011-S7464 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add Art 83 §§83.01 - 83.45, amd §81.18, Ment Hyg L; amd §1758, SCPA

2011-S7464 (ACTIVE) - Summary

Enacts the uniform guardianship and protective proceedings jurisdiction act.

2011-S7464 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7464

TITLE OF BILL:
An act to amend the mental hygiene law and the surrogate's court
procedure act, in relation to establishing the uniform guardianship
and protective proceedings jurisdiction act

PURPOSE:
To address the issue of jurisdiction over adult guardianships and
other protective proceedings, providing a mechanism for resolving
multi-state jurisdictional disputes.

SUMMARY OF PROVISIONS:
Section one adds a new Article 83 to the Mental Hygiene Law (MHL) to
provide for the Uniform Guardianship and Protective Proceedings
Jurisdiction Act. This Article provides a framework for how a court of
this state may treat a foreign country for purposes of applying
provisions of this Act. The Article section also provides a framework
for communication concerning a guardianship proceeding between courts
in different states, allows New York courts to requires certain action
from courts in other states, and outlines procedures for cooperation
between courts in different states. Further, the Article specifies
acceptable methods for a state court to obtain testimony from a
witness located in another.

Article 83 also provides factors that a court shall consider in

determining whether a respondent has a significant connection with a
particular state for purposes of establishing jurisdiction. Subject to
§8l.l8 of the MHL, which pertains to foreign guardians for persons not
present in the state, this Article shall be the exclusive
jurisdictional basis for a court of this state to appoint a guardian
of the person, or issue a protective order for an adult. Section 83.17
of the Act provides a three-pronged analysis for the New York state
court to establish jurisdiction to appoint a guardian or issue a
protective order. The Article also provides special circumstances
where, regardless of whether the state has jurisdiction under the
general principles outlines, a court may appoint a guardian or issue a
protective order. A court that has appointed a guardian or issued a
protective order under this Act has continuing and exclusive
jurisdiction until the proceeding is terminated or the appointment
expires. New York courts are authorized under the Article to decline
jurisdiction if the court determines that another state is a more
appropriate forum, or if jurisdiction was acquired due to
unjustifiable conduct.

Additionally, the Article provides special notice requirements in the
event the state was not the respondent's home state on the date the
petition was filed. Section 83.29 of this Act details the procedure to
apply when a petition for 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 Article permits
a guardian of a person or property appointed in this state to petition
the court to transfer the guardianship to another state.  Likewise,
New York is authorized to accept guardianship or conservatorship
transferred from another state. Sections 83.35 and 83.37,
respectively, provide for the registration of out-of-state orders


appointing a guardian of a person and for a guardian of property
appointed in another state to register a protective order.

This section of the bill further provides that, in applying and
construing such, consideration must be given to the need to promote
uniformity of the law among all states that have enacted it.  Section
83.43 clarifies the applicability of this Article to certain federal
statutes relating to electronic signatures. Lastly, this section
provides that the Article shall apply to proceedings begun on or after
the Article's effective date.

Section two of the bill amends the Surrogate's Court procedure Act to
reflect the addition of Article 83 to the MHL.

Section three amends MHL §81.l8 to allow a state court to use
provisions of Article 83 when dealing with a foreign guardian not
present in New York State.

Section four provides that the Act take effect immediately.

JUSTIFICATION:
Due to increasing population mobility, cases involving simultaneous
and conflicting jurisdiction over guardianship are increasing. Often,
jurisdiction in adult guardianship cases is complicated because
multiple states, each with its own adult guardianship system, may have
an interest in the case. Consequently, it may be unclear which state
court has jurisdiction to decide the guardianship issue. In response
to this common jurisdictional confusion, the Uniform Law Commission
developed the uniform guardianship and protective proceedings
jurisdiction act (UAGPPJA). The legislation establishes a uniform set
of rules for determining jurisdiction, and thus, simplifies the
process for determining jurisdiction between multiple states in adult
guardianship cases. It also establishes a framework that allows state
court judges in different states to communicate with each other about
adult guardianship cases.

Adult guardianship jurisdiction issues commonly arise in situations
involving snowbirds, transferred/long-distance care giving
arrangements, interstate health markets, wandering, and even the
occasional incidence of elderly kidnapping. The process of appointing
a guardian is handled in state courts. The U.S. has 55 different adult
guardianship systems, and the only data available is from 1987, which
estimated 400,000 adults in the U.S. have a court-appointed guardian.
Even though no current data exists, demographic trends suggest that
today this number probably is much higher. Currently, thirty one other
states have adopted the uniform guardianship and protective
proceedings jurisdiction act. This measure would provide significant
savings to the state court system by avoiding costly duplicative
guardianship cases.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


Immediately.

2011-S7464 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7464

                            I N  S E N A T E

                              May 23, 2012
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law and the surrogate's court  proce-
  dure  act,  in  relation  to establishing the uniform guardianship and
  protective proceedings jurisdiction act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new article
83 to read as follows:
                               ARTICLE 83
    UNIFORM GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
SECTION 83.01 SHORT TITLE.
        83.03 DEFINITIONS.
        83.05 INTERNATIONAL APPLICATION OF THIS ARTICLE.
        83.07 COMMUNICATION BETWEEN COURTS.
        83.09 COOPERATION BETWEEN COURTS.
        83.11 TAKING TESTIMONY IN ANOTHER STATE.
        83.13 SIGNIFICANT CONNECTION FACTORS.
        83.15 EXCLUSIVE BASIS.
        83.17 JURISDICTION.
        83.19 SPECIAL JURISDICTION.
        83.21 EXCLUSIVE AND CONTINUING JURISDICTION.
        83.23 APPROPRIATE FORUM.
        83.25 JURISDICTION DECLINED BY REASON OF CONDUCT.
        83.27 NOTICE OF PROCEEDING.
        83.29 PROCEEDINGS IN MORE THAN ONE STATE.
        83.31 TRANSFER OF GUARDIANSHIP  OR  CONSERVATORSHIP  TO  ANOTHER
                STATE.
        83.33 ACCEPTING GUARDIANSHIP OR CONSERVATORSHIP TRANSFERRED FROM
                ANOTHER STATE.
        83.35 REGISTRATION  OF  ORDERS  APPOINTING  A  GUARDIAN  OF  THE
                PERSON.
        83.37 REGISTRATION OF PROTECTIVE ORDERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15876-01-2

S. 7464                             2

        83.39 EFFECT OF REGISTRATION.
        83.41 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
        83.43 RELATION  TO  ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
                COMMERCE ACT.
        83.45 TRANSITIONAL PROVISION.
S 83.01 SHORT TITLE.
  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS  THE  "UNIFORM  ADULT
GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT".
S 83.03 DEFINITIONS.
  FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A)  "ADULT"  MEANS  AN  INDIVIDUAL WHO HAS ATTAINED EIGHTEEN YEARS OF
AGE.
  (B) "EMERGENCY" MEANS  A  CIRCUMSTANCE  THAT  LIKELY  WILL  RESULT  IN
SUBSTANTIAL  HARM  TO  A RESPONDENT'S HEALTH, SAFETY OR WELFARE, AND FOR
WHICH THE APPOINTMENT OF A GUARDIAN IS NECESSARY BECAUSE NO OTHER PERSON
HAS AUTHORITY AND IS WILLING TO ACT ON THE RESPONDENT'S BEHALF.
  (C) "GUARDIAN OF THE PROPERTY" MEANS A PERSON APPOINTED BY  THE  COURT
TO  ADMINISTER  THE  PROPERTY  OF AN ADULT, INCLUDING A PERSON APPOINTED
UNDER ARTICLE EIGHTY-ONE OF THIS TITLE AND ARTICLE  SEVENTEEN-A  OF  THE
SURROGATE'S  COURT  PROCEDURE ACT, AND INCLUDING A CONSERVATOR APPOINTED
BY A COURT IN ANOTHER STATE.
  (D) "GUARDIAN OF THE PERSON" MEANS A PERSON APPOINTED BY THE COURT  TO
MAKE  DECISIONS  REGARDING  THE  PERSON  OF AN ADULT, INCLUDING A PERSON
APPOINTED UNDER ARTICLE EIGHTY-ONE OF THIS TITLE AND ARTICLE SEVENTEEN-A
OF THE SURROGATE'S COURT PROCEDURE ACT.
  (E) "HOME STATE" MEANS THE STATE IN WHICH  THE  RESPONDENT  WAS  PHYS-
ICALLY  PRESENT, INCLUDING ANY PERIOD OF TEMPORARY ABSENCE, FOR AT LEAST
SIX CONSECUTIVE MONTHS IMMEDIATELY BEFORE THE FILING OF A PETITION FOR A
PROTECTIVE ORDER OR THE APPOINTMENT OF A GUARDIAN OF THE PERSON;  OR  IF
NONE,  THE STATE IN WHICH THE RESPONDENT WAS PHYSICALLY PRESENT, INCLUD-
ING ANY PERIOD OF TEMPORARY ABSENCE, FOR AT LEAST SIX CONSECUTIVE MONTHS
ENDING WITHIN THE SIX MONTHS PRIOR TO THE FILING OF THE PETITION.
  (F) "PARTY" MEANS THE RESPONDENT, PETITIONER, GUARDIAN OF THE  PERSON,
CONSERVATOR GUARDIAN OF THE PROPERTY, OR ANY OTHER PERSON ALLOWED BY THE
COURT TO PARTICIPATE IN A GUARDIANSHIP PROCEEDING FOR THE APPOINTMENT OF
A GUARDIAN OF THE PERSON OR A PROTECTIVE PROCEEDING.
  (G) "PERSON", EXCEPT IN THE TERM INCAPACITATED PERSON FOR WHOM A GUAR-
DIAN  OF  THE  PERSON  HAS  BEEN APPOINTED OR PROTECTED PERSON, MEANS AN
INDIVIDUAL, CORPORATION, BUSINESS  TRUST,  ESTATE,  TRUST,  PARTNERSHIP,
LIMITED  LIABILITY  COMPANY,  ASSOCIATION,  JOINT VENTURE, PUBLIC CORPO-
RATION, GOVERNMENT OR GOVERNMENTAL SUBDIVISION, AGENCY OR INSTRUMENTALI-
TY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
  (H) "PROTECTED PERSON" MEANS AN ADULT FOR WHOM A PROTECTIVE ORDER  HAS
BEEN ISSUED.
  (I) "PROTECTIVE ORDER" MEANS AN ORDER APPOINTING A CONSERVATOR GUARDI-
AN  OF  THE  PROPERTY OR OTHER ORDER RELATED TO MANAGEMENT OF AN ADULT'S
PROPERTY.
  (J) "PROTECTIVE PROCEEDING" MEANS A JUDICIAL  PROCEEDING  IN  WHICH  A
PROTECTIVE ORDER IS SOUGHT OR HAS BEEN ISSUED.
  (K)  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
PERCEIVABLE FORM.
  (L) "RESPONDENT" MEANS AN ADULT FOR WHOM A  PROTECTIVE  ORDER  OR  THE
APPOINTMENT OF A GUARDIAN OF THE PERSON IS SOUGHT.
  (M)  "SIGNIFICANT-CONNECTION STATE" MEANS A STATE, OTHER THAN THE HOME
STATE, WITH WHICH A RESPONDENT HAS A SIGNIFICANT CONNECTION  OTHER  THAN

S. 7464                             3

MERE  PHYSICAL PRESENCE AND IN WHICH SUBSTANTIAL EVIDENCE CONCERNING THE
RESPONDENT IS AVAILABLE.
  (N) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA,  PUERTO  RICO, THE UNITED STATES VIRGIN ISLANDS, A FEDERALLY RECOG-
NIZED INDIAN TRIBE, OR ANY TERRITORY OR INSULAR  POSSESSION  SUBJECT  TO
THE JURISDICTION OF THE UNITED STATES.
S 83.05 INTERNATIONAL APPLICATION OF THIS ARTICLE.
  A  COURT  OF  THIS  STATE  MAY TREAT A FOREIGN COUNTRY AS IF IT WERE A
STATE FOR THE PURPOSE OF APPLYING SECTIONS 83.01 THROUGH 83.37  OF  THIS
ARTICLE.
S 83.07 COMMUNICATION BETWEEN COURTS.
  (A)  A  COURT  OF  THIS  STATE MAY COMMUNICATE WITH A COURT IN ANOTHER
STATE CONCERNING A PROCEEDING ARISING UNDER THIS ARTICLE. THE COURT  MAY
ALLOW THE PARTIES TO PARTICIPATE IN THE COMMUNICATION.
  (B)  IF  THE  PARTIES  ARE  NOT ALLOWED TO PARTICIPATE IN THE COMMUNI-
CATION, THE COURT SHALL GIVE ALL  PARTIES  THE  OPPORTUNITY  TO  PRESENT
FACTS  AND LEGAL ARGUMENTS BEFORE THE COURT ISSUES AN ORDER ESTABLISHING
JURISDICTION.
  (C) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (D) OF  THIS  SECTION,
THE  COURT  SHALL  MAKE A RECORD OF ANY COMMUNICATION UNDER THIS SECTION
AND PROMPTLY INFORM THE PARTIES OF  THE  COMMUNICATION  AND  GRANT  THEM
ACCESS TO THE RECORD.
  (D)  COURTS  MAY  COMMUNICATE  CONCERNING  SCHEDULES, CALENDARS, COURT
RECORDS AND OTHER ADMINISTRATIVE MATTERS WITHOUT MAKING A RECORD.
S 83.09 COOPERATION BETWEEN COURTS.
  (A) IN A PROCEEDING FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OR
PROTECTIVE PROCEEDING IN THIS STATE, A COURT OF THIS STATE  MAY  REQUEST
THE APPROPRIATE COURT OF ANOTHER STATE TO DO ANY OF THE FOLLOWING:
  1. HOLD AN EVIDENTIARY HEARING;
  2.  ORDER A PERSON IN THAT STATE TO PRODUCE EVIDENCE OR GIVE TESTIMONY
PURSUANT TO PROCEDURES OF THAT STATE;
  3. ORDER THAT AN EVALUATION OR ASSESSMENT BE MADE OF THE RESPONDENT;
  4. ORDER ANY APPROPRIATE INVESTIGATION  OF  A  PERSON  INVOLVED  IN  A
PROCEEDING;
  5.  FORWARD  TO  THE COURT OF THIS STATE A CERTIFIED COPY OF THE TRAN-
SCRIPT OR OTHER RECORD OF A HEARING UNDER PARAGRAPH ONE OF THIS SUBDIVI-
SION OR ANY OTHER PROCEEDING,  ANY  EVIDENCE  OTHERWISE  PRODUCED  UNDER
PARAGRAPH  TWO  OF  THIS  SUBDIVISION,  AND ANY EVALUATION OR ASSESSMENT
PREPARED IN COMPLIANCE WITH AN ORDER UNDER PARAGRAPH THREE  OR  FOUR  OF
THIS SUBDIVISION;
  6.  ISSUE ANY ORDER NECESSARY TO ASSURE THE APPEARANCE IN THE PROCEED-
ING OF A PERSON WHOSE PRESENCE IS NECESSARY FOR  THE  COURT  TO  MAKE  A
DETERMINATION, INCLUDING THE RESPONDENT OR THE PERSON SUBJECT TO A GUAR-
DIANSHIP OF THE PERSON OR PROTECTED PERSON; AND
  7. ISSUE AN ORDER AUTHORIZING THE RELEASE OF MEDICAL, FINANCIAL, CRIM-
INAL,  OR  OTHER RELEVANT INFORMATION IN THAT STATE, INCLUDING PROTECTED
HEALTH INFORMATION.
  (B) THE COURT MAY RECEIVE ANY EVIDENCE PRODUCED PURSUANT  TO  SUBDIVI-
SION  (A)  OF  THIS  SECTION IN THE SAME MANNER THAT IT WOULD ADMIT INTO
EVIDENCE THE REPORT OF A COURT EVALUATOR AFTER THE COURT  EVALUATOR  HAD
BEEN SUBJECT TO CROSS EXAMINATION;
  (C)  IF A COURT OF ANOTHER STATE IN WHICH A GUARDIANSHIP OR PROTECTIVE
PROCEEDING IS PENDING REQUESTS ASSISTANCE OF THE KIND PROVIDED IN SUBDI-
VISION (A) OF THIS SECTION, A COURT OF THIS STATE HAS  JURISDICTION  FOR
THE LIMITED PURPOSE OF GRANTING THE REQUEST OR MAKING REASONABLE EFFORTS
TO COMPLY WITH THE REQUEST.

S. 7464                             4

S 83.11 TAKING TESTIMONY IN ANOTHER STATE.
  (A) IN A PROCEEDING FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OR
PROTECTIVE  PROCEEDING,  IN  ADDITION  TO  OTHER  PROCEDURES THAT MAY BE
AVAILABLE, TESTIMONY OF A WITNESS WHO IS LOCATED IN ANOTHER STATE MAY BE
OFFERED BY DEPOSITION OR OTHER MEANS ALLOWABLE IN THIS STATE FOR  TESTI-
MONY  TAKEN IN ANOTHER STATE. THE COURT ON ITS OWN MOTION MAY ORDER THAT
THE TESTIMONY OF A WITNESS BE TAKEN IN ANOTHER STATE AND  MAY  PRESCRIBE
THE  MANNER  IN  WHICH  AND  THE TERMS UPON WHICH THE TESTIMONY IS TO BE
TAKEN.
  (B) IN A PROCEEDING FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OR
PROTECTIVE PROCEEDING, A COURT  IN  THIS  STATE  MAY  PERMIT  A  WITNESS
LOCATED  IN  ANOTHER  STATE  TO BE DEPOSED OR TO TESTIFY BY TELEPHONE OR
AUDIOVISUAL OR OTHER ELECTRONIC MEANS. A COURT OF THIS STATE SHALL COOP-
ERATE WITH THE COURT OF THE OTHER STATE IN  DESIGNATING  AN  APPROPRIATE
LOCATION FOR THE DEPOSITION OR TESTIMONY.
  (C)  DOCUMENTARY EVIDENCE TRANSMITTED FROM ANOTHER STATE TO A COURT OF
THIS STATE BY TECHNOLOGICAL MEANS THAT DO NOT PRODUCE AN ORIGINAL  WRIT-
ING  MAY NOT BE EXCLUDED FROM EVIDENCE ON AN OBJECTION BASED ON THE BEST
EVIDENCE RULE.
S 83.13 SIGNIFICANT CONNECTION FACTORS.
  IN DETERMINING UNDER SECTION 83.17  AND  SUBDIVISION  (E)  OF  SECTION
83.31  OF THIS ARTICLE WHETHER A RESPONDENT HAS A SIGNIFICANT CONNECTION
WITH A PARTICULAR STATE, THE COURT SHALL CONSIDER:
  (A) THE LOCATION OF THE RESPONDENT'S FAMILY AND OTHER PERSONS REQUIRED
TO BE NOTIFIED OF THE PROCEEDING;
  (B) THE LENGTH OF TIME THE RESPONDENT AT ANY TIME WAS PHYSICALLY PRES-
ENT IN THE STATE AND THE DURATION OF ANY ABSENCE;
  (C) THE LOCATION OF THE RESPONDENT'S PROPERTY; AND
  (D) THE EXTENT TO WHICH THE RESPONDENT HAS TIES TO THE STATE  SUCH  AS
VOTING REGISTRATION, STATE OR LOCAL TAX RETURN FILING, VEHICLE REGISTRA-
TION, DRIVER'S LICENSE, SOCIAL RELATIONSHIP, AND RECEIPT OF SERVICES.
S 83.15 EXCLUSIVE BASIS.
  SUBJECT  TO  SECTION  81.18  OF  THIS TITLE, THIS ARTICLE PROVIDES THE
EXCLUSIVE JURISDICTIONAL BASIS FOR A COURT OF THIS STATE  TO  APPOINT  A
GUARDIAN OF THE PERSON OR ISSUE A PROTECTIVE ORDER FOR AN ADULT.
S 83.17 JURISDICTION.
  A  COURT  OF  THIS STATE HAS JURISDICTION TO APPOINT A GUARDIAN OF THE
PERSON OR ISSUE A PROTECTIVE ORDER FOR A RESPONDENT IF:
  (A) THE STATE IS THE RESPONDENT'S HOME STATE;
  (B)  ON  THE  DATE  THE  PETITION  IS   FILED,   THIS   STATE   IS   A
SIGNIFICANT-CONNECTION STATE AND: 1. THE RESPONDENT DOES NOT HAVE A HOME
STATE OR A COURT OF THE RESPONDENT'S HOME STATE HAS DECLINED TO EXERCISE
JURISDICTION  BECAUSE THIS STATE IS A MORE APPROPRIATE FORUM; OR 2.  THE
RESPONDENT HAS A HOME STATE, A PETITION FOR AN APPOINTMENT OR  ORDER  IS
NOT  PENDING  IN A COURT OF THAT STATE OR ANOTHER SIGNIFICANT CONNECTION
STATE, AND BEFORE THE COURT MAKES THE APPOINTMENT OR ISSUES THE ORDER:
  (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 83.21 OF THIS ARTICLE;
  (C) THIS STATE DOES NOT HAVE JURISDICTION UNDER EITHER SUBDIVISION (A)
OR (B) OF THIS SECTION, THE RESPONDENT'S HOME  STATE  AND  ALL  SIGNIFI-
CANT-CONNECTION  STATES  HAVE  DECLINED TO EXERCISE JURISDICTION BECAUSE
THIS STATE IS THE MORE APPROPRIATE FORUM, AND JURISDICTION IN THIS STATE

S. 7464                             5

IS CONSISTENT WITH THE  CONSTITUTIONS  OF  THIS  STATE  AND  THE  UNITED
STATES; OR
  (D)  THE  REQUIREMENTS FOR SPECIAL JURISDICTION UNDER SECTION 83.19 OF
THIS ARTICLE ARE MET.
S 83.19 SPECIAL JURISDICTION.
  (A) A COURT OF THIS STATE LACKING JURISDICTION UNDER SECTION 83.17  OF
THIS ARTICLE HAS SPECIAL JURISDICTION TO DO ANY OF THE FOLLOWING:
  1.  APPOINT  A  GUARDIAN  OF THE PERSON IN AN EMERGENCY FOR A TERM NOT
EXCEEDING NINETY DAYS FOR A RESPONDENT WHO IS PHYSICALLY PRESENT IN THIS
STATE;
  2. ISSUE A PROTECTIVE  ORDER  WITH  RESPECT  TO  A  REAL  OR  TANGIBLE
PERSONAL PROPERTY LOCATED IN THIS STATE; AND
  3.  APPOINT A GUARDIAN OF THE PERSON OR A GUARDIAN OF THE PROPERTY FOR
A PERSON SUBJECT TO A GUARDIANSHIP OF THE PERSON OR PROTECTED PERSON FOR
WHOM A PROVISION ORDER TO TRANSFER THE PROCEEDING FROM ANOTHER STATE HAS
BEEN ISSUED UNDER PROCEDURES SIMILAR TO SECTION 83.31 OF THIS ARTICLE.
  (B) IF A PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE  PERSON  IN
AN  EMERGENCY  IS  BROUGHT  IN  THIS  STATE  AND  THIS STATE WAS NOT THE
RESPONDENT'S HOME STATE ON THE DATE THE PETITION WAS  FILED,  THE  COURT
SHALL  DISMISS  THE  PROCEEDING  AT THE REQUEST OF THE COURT OF THE HOME
STATE, IF ANY, WHETHER DISMISSAL IS REQUESTED BEFORE OR AFTER THE  EMER-
GENCY APPOINTMENT.
S 83.21 EXCLUSIVE AND CONTINUING JURISDICTION.
  EXCEPT AS OTHERWISE PROVIDED IN SECTION 83.19 OF THIS ARTICLE, A COURT
THAT HAS APPOINTED A GUARDIAN OF THE PERSON OR ISSUED A PROTECTIVE ORDER
CONSISTENT  WITH  THIS ARTICLE HAS EXCLUSIVE AND CONTINUING JURISDICTION
OVER THE PROCEEDINGS UNTIL IT IS TERMINATED BY THE COURT OR THE APPOINT-
MENT OR ORDER EXPIRES BY ITS OWN TERMS.
S 83.23 APPROPRIATE FORUM.
  (A) A COURT OF THIS STATE HAVING JURISDICTION UNDER SECTION  83.17  OF
THIS  ARTICLE  TO APPOINT A GUARDIAN OF THE PERSON OR ISSUE A PROTECTIVE
ORDER MAY DECLINE TO EXERCISE ITS JURISDICTION IF IT DETERMINES  AT  ANY
TIME THAT A COURT OF ANOTHER STATE IS A MORE APPROPRIATE FORUM.
  (B)  IF  A  COURT  OF THIS STATE DECLINES TO EXERCISE ITS JURISDICTION
UNDER SUBDIVISION (A) OF THIS SECTION, IT SHALL EITHER DISMISS  OR  STAY
THE  PROCEEDING.  THE COURT MAY IMPOSE ANY CONDITION THE COURT CONSIDERS
JUST AND PROPER,  INCLUDING  THE  CONDITION  THAT  A  PETITION  FOR  THE
APPOINTMENT  OF  A  GUARDIAN  OF  THE PERSON OR ISSUANCE OF A PROTECTIVE
ORDER BE FILED PROMPTLY IN ANOTHER STATE.
  (C) IN DETERMINING WHETHER IT IS AN APPROPRIATE FORUM, THE COURT SHALL
CONSIDER ALL RELEVANT FACTORS, INCLUDING:
  1. ANY EXPRESSED PREFERENCE OF THE RESPONDENT;
  2. WHETHER ABUSE,  NEGLECT  OR  EXPLOITATION  OF  THE  RESPONDENT  HAS
OCCURRED  OR  IS LIKELY TO OCCUR, AND WHICH STATE COULD BEST PROTECT THE
RESPONDENT FROM THE ABUSE, NEGLECT OR EXPLOITATION;
  3. THE LENGTH OF TIME THE RESPONDENT WAS PHYSICALLY PRESENT IN OR  WAS
A LEGAL RESIDENT OF THIS OR ANOTHER STATE;
  4. THE DISTANCE OF THE RESPONDENT FROM THE COURT IN EACH STATE;
  5. THE FINANCIAL CIRCUMSTANCES OF THE RESPONDENT'S ESTATE;
  6. THE NATURE AND LOCATION OF THE EVIDENCE;
  7.  THE  ABILITY  OF THE COURT IN EACH STATE TO DECIDE THE ISSUE EXPE-
DITIOUSLY AND THE PROCEDURES NECESSARY TO PRESENT EVIDENCE;
  8. THE FAMILIARITY OF THE COURT OF  EACH  STATE  WITH  THE  FACTS  AND
ISSUES IN THE PROCEEDING; AND
  9.  IF  AN  APPOINTMENT  WERE MADE, THE COURT'S ABILITY TO MONITOR THE
CONDUCT OF THE GUARDIAN OR CONSERVATOR.

S. 7464                             6

S 83.25 JURISDICTION DECLINED BY REASON OF CONDUCT.
  (A)  IF  AT ANY TIME A COURT OF THIS STATE DETERMINES THAT IT ACQUIRED
JURISDICTION TO APPOINT A GUARDIAN OF THE PERSON OR ISSUE  A  PROTECTIVE
ORDER BECAUSE OF UNJUSTIFIABLE CONDUCT, THE COURT MAY:
  1. DECLINE TO EXERCISE JURISDICTION;
  2.  EXERCISE  JURISDICTION  FOR  THE  LIMITED PURPOSE OF FASHIONING AN
APPROPRIATE REMEDY TO ENSURE THE  HEALTH,  SAFETY  AND  WELFARE  OF  THE
RESPONDENT,  OR THE PROTECTION OF THE RESPONDENT'S PROPERTY OR PREVENT A
REPETITION OF THE UNJUSTIFIABLE CONDUCT, INCLUDING STAYING THE  PROCEED-
ING  UNTIL A PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OR
ISSUANCE OF A PROTECTIVE ORDER IS FILED IN  A  COURT  OF  ANOTHER  STATE
HAVING JURISDICTION; OR
  3. CONTINUE TO EXERCISE JURISDICTION AFTER CONSIDERING:
  (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  SUBDIVISION  (C)  OF
SECTION 83.23 OF THIS ARTICLE; AND
  (III)  WHETHER  THE  COURT  OF ANY OTHER STATE WOULD HAVE JURISDICTION
UNDER FACTUAL CIRCUMSTANCES IN SUBSTANTIAL CONFORMITY WITH THE JURISDIC-
TIONAL STANDARDS OF SECTION 83.17 OF THIS ARTICLE.
  (B) IF A COURT OF THIS STATE DETERMINES THAT IT ACQUIRED  JURISDICTION
TO  APPOINT A GUARDIAN OF THE PERSON OR ISSUE A PROTECTIVE ORDER BECAUSE
A PARTY SEEKING TO INVOKE  ITS  JURISDICTION  ENGAGED  IN  UNJUSTIFIABLE
CONDUCT,  IT  MAY  ASSESS  AGAINST  THAT  PARTY NECESSARY AND REASONABLE
EXPENSES, INCLUDING ATTORNEY'S FEES, INVESTIGATIVE  FEES,  COURT  COSTS,
COMMUNICATION  EXPENSES, WITNESS FEES AND EXPENSES, AND TRAVEL EXPENSES.
THE COURT MAY NOT ASSESS FEES, COSTS OR EXPENSES  OF  ANY  KIND  AGAINST
THIS  STATE  OR A GOVERNMENTAL SUBDIVISION, AGENCY OR INSTRUMENTALITY OF
THIS STATE UNLESS AUTHORIZED BY LAW OTHER THAN THIS ARTICLE.
S 83.27 NOTICE OF PROCEEDING.
  IF A PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OR ISSU-
ANCE 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.
S 83.29 PROCEEDINGS IN MORE THAN ONE STATE.
  EXCEPT  FOR A PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON
IN AN EMERGENCY OR ISSUANCE OF A PROTECTIVE ORDER  LIMITED  TO  PROPERTY
LOCATED  IN  THIS STATE UNDER PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF
SECTION 83.19 OF THIS ARTICLE, IF A PETITION FOR THE  APPOINTMENT  OF  A
GUARDIAN  OF  THE  PERSON  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 RULES APPLY:
  (A) IF THE COURT IN THIS STATE HAS JURISDICTION UNDER SECTION 83.17 OF
THIS  ARTICLE,  IT  MAY  PROCEED WITH THE CASE UNLESS A COURT IN ANOTHER
STATE ACQUIRES JURISDICTION UNDER PROVISIONS  SIMILAR  TO  SUCH  SECTION
BEFORE THE APPOINTMENT OR ISSUANCE OF THE ORDER.
  (B)  IF  THE  COURT  IN  THIS  STATE  DOES NOT HAVE JURISDICTION UNDER
SECTION 83.17 OF THIS ARTICLE, WHETHER AT THE TIME THE PETITION IS FILED
OR AT ANY TIME BEFORE THE APPOINTMENT OR  ISSUANCE  OF  THE  ORDER,  THE
COURT  SHALL  STAY  THE PROCEEDING AND COMMUNICATE WITH THE COURT IN THE

S. 7464                             7

OTHER STATE. IF THE COURT IN THE OTHER STATE HAS JURISDICTION, THE COURT
IN THIS STATE SHALL DISMISS THE PETITION UNLESS THE COURT IN  THE  OTHER
STATE  DETERMINES  THAT  THE  COURT  IN THIS STATE IS A MORE APPROPRIATE
FORUM.
S 83.31 TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE.
  (A)  A  GUARDIAN OF THE PERSON OR A GUARDIAN OF THE PROPERTY APPOINTED
IN THIS STATE MAY PETITION THE COURT TO  TRANSFER  THE  GUARDIANSHIP  TO
ANOTHER STATE.
  (B) NOTICE OF A PETITION UNDER SUBDIVISION (A) OF THIS SECTION MUST BE
GIVEN  TO  THE PERSONS THAT WOULD BE ENTITLED TO NOTICE OF A PETITION IN
THIS STATE FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OR A GUARDIAN
OF THE PROPERTY.
  (C) ON THE COURT'S OWN MOTION OR ON REQUEST OF  THE  GUARDIAN  OF  THE
PERSON,  THE GUARDIAN OF THE PROPERTY, THE PERSON SUBJECT TO THE GUARDI-
ANSHIP OF THE PERSON, OR THE PROTECTED PERSON, OR OTHER PERSON  REQUIRED
TO  BE  NOTIFIED  OF  THE  PETITION, THE COURT SHALL HOLD A HEARING ON A
PETITION FILED PURSUANT TO SUBDIVISION (A) OF THIS SECTION.
  (D) THE COURT SHALL ISSUE AN ORDER PROVISIONALLY GRANTING  A  PETITION
TO  TRANSFER  A GUARDIANSHIP OF THE PERSON AND SHALL DIRECT THE GUARDIAN
OF THE PERSON TO PETITION FOR GUARDIANSHIP OF THE PERSON  IN  THE  OTHER
STATE IF THE COURT IS SATISFIED THAT THE GUARDIANSHIP OF THE PERSON WILL
BE ACCEPTED BY THE COURT IN THE OTHER STATE AND THE COURT FINDS THAT:
  1.  THE PERSON SUBJECT TO THE GUARDIANSHIP OF THE PERSON IS PHYSICALLY
PRESENT IN OR IS REASONABLY EXPECTED TO MOVE PERMANENTLY  TO  THE  OTHER
STATE;
  2.  AN OBJECTION TO THE TRANSFER HAS NOT BEEN MADE OR, IF AN OBJECTION
HAS BEEN MADE, THE OBJECTOR HAS NOT ESTABLISHED THAT THE TRANSFER  WOULD
BE  CONTRARY  TO THE INTERESTS OF THE PERSON SUBJECT TO THE GUARDIANSHIP
OF THE PERSON; AND
  3. PLANS FOR CARE AND SERVICES FOR THE PERSON SUBJECT TO THE GUARDIAN-
SHIP OF THE PERSON IN THE OTHER STATE ARE REASONABLE AND SUFFICIENT.
  (E) THE COURT SHALL ISSUE A PROVISIONAL ORDER GRANTING A  PETITION  TO
TRANSFER A GUARDIANSHIP OF THE PROPERTY AND SHALL DIRECT THE GUARDIAN OF
THE  PROPERTY  TO PETITION FOR GUARDIANSHIP OF THE PROPERTY IN THE OTHER
STATE IF THE COURT IS SATISFIED THAT THE GUARDIANSHIP  OF  THE  PROPERTY
WILL  BE  ACCEPTED  BY  THE COURT OF THE OTHER STATE AND THE COURT FINDS
THAT:
  1. THE PROTECTED PERSON IS PHYSICALLY  PRESENT  IN  OR  IS  REASONABLY
EXPECTED TO MOVE PERMANENTLY TO THE OTHER STATE, OR THE PROTECTED PERSON
HAS  A SIGNIFICANT CONNECTION TO THE OTHER STATE CONSIDERING THE FACTORS
IN SECTION 83.13 OF THIS ARTICLE;
  2. AN OBJECTION TO THE TRANSFER HAS NOT BEEN MADE OR, IF AN  OBJECTION
HAS  BEEN MADE, THE OBJECTOR HAS NOT ESTABLISHED THAT THE TRANSFER WOULD
BE CONTRARY TO THE INTERESTS OF THE PROTECTED PERSON; AND
  3. ADEQUATE ARRANGEMENTS WILL BE MADE FOR MANAGEMENT OF THE  PROTECTED
PERSON'S PROPERTY.
  (F)  THE  COURT  SHALL ISSUE A FINAL ORDER CONFIRMING THE TRANSFER AND
TERMINATING THE GUARDIANSHIP OF THE PERSON OR PROPERTY UPON ITS  RECEIPT
OF:
  1.  A  PROVISIONAL  ORDER  ACCEPTING  THE PROCEEDING FROM THE COURT TO
WHICH THE  PROCEEDING  IS  TO  BE  TRANSFERRED  WHICH  IS  ISSUED  UNDER
PROVISIONS SIMILAR TO SECTION 83.33 OF THIS ARTICLE; AND
  2. THE DOCUMENTS REQUIRED TO TERMINATE A GUARDIANSHIP OF THE PERSON OR
PROPERTY IN THIS STATE.
S 83.33 ACCEPTING   GUARDIANSHIP  OR  CONSERVATORSHIP  TRANSFERRED  FROM
          ANOTHER STATE.

S. 7464                             8

  (A) TO CONFIRM TRANSFER OF A GUARDIANSHIP OF THE PERSON  OR  GUARDIAN-
SHIP  OF THE PROPERTY TRANSFERRED TO THIS STATE UNDER PROVISIONS SIMILAR
TO SECTION 83.31 OF THIS ARTICLE, THE GUARDIAN OF THE PERSON OR GUARDIAN
OF THE PROPERTY MUST PETITION THE COURT IN THIS STATE PURSUANT TO  ARTI-
CLE  EIGHTY-ONE  OF THIS TITLE OR ARTICLE SEVENTEEN-A OF THE SURROGATE'S
COURT PROCEDURE ACT TO ACCEPT THE GUARDIANSHIP OF THE PERSON OR  GUARDI-
ANSHIP  OF  THE  PROPERTY. THE PETITION MUST INCLUDE A CERTIFIED COPY OF
THE OTHER STATE'S PROVISIONAL ORDER OF TRANSFER.
  (B) NOTICE OF A PETITION UNDER SUBDIVISION (A) OF THIS SECTION MUST BE
GIVEN TO THOSE PERSONS THAT WOULD BE ENTITLED TO NOTICE IF THE  PETITION
WERE A PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OR ISSU-
ANCE  OF  A  PROTECTIVE  ORDER  IN  BOTH THE TRANSFERRING STATE AND THIS
STATE. THE NOTICE MUST BE GIVEN IN THE SAME MANNER AS NOTICE IS REQUIRED
TO BE GIVEN IN THIS STATE.
  (C) ON THE COURT'S OWN MOTION OR ON REQUEST OF  THE  GUARDIAN  OF  THE
PERSON  OR GUARDIAN OF THE PROPERTY, THE PERSON SUBJECT TO THE GUARDIAN-
SHIP OF THE PERSON OR PROTECTED PERSON, OR OTHER PERSON REQUIRED  TO  BE
NOTIFIED OF THE PROCEEDING, THE COURT SHALL HOLD A HEARING ON A PETITION
FILED PURSUANT TO SUBDIVISION (A) OF THIS SECTION.
  (D)  THE  COURT SHALL ISSUE AN ORDER PROVISIONALLY GRANTING A PETITION
FILED UNDER SUBDIVISION (A) OF THIS SECTION UNLESS:
  1. AN OBJECTION IS MADE AND THE OBJECTOR ESTABLISHES THAT TRANSFER  OF
THE  PROCEEDING  WOULD BE CONTRARY TO THE INTERESTS OF THE INCAPACITATED
OR PROTECTED PERSON; OR
  2. THE GUARDIAN OF THE PERSON OR GUARDIAN OF THE PROPERTY IS  INELIGI-
BLE FOR APPOINTMENT IN THIS STATE.
  (E)  THE  COURT SHALL ISSUE A FINAL ORDER ACCEPTING THE PROCEEDING AND
APPOINTING THE GUARDIAN OF THE PERSON OR GUARDIAN  OF  THE  PROPERTY  AS
GUARDIAN  OF  THE  PERSON OR GUARDIAN OF THE PROPERTY IN THIS STATE UPON
ITS RECEIPT FROM THE COURT FROM WHICH THE  PROCEEDING  IS  BEING  TRANS-
FERRED OF A FINAL ORDER ISSUED UNDER PROVISIONS SIMILAR TO SECTION 83.31
OF THIS ARTICLE TRANSFERRING THE PROCEEDING TO THIS STATE.
  (F) NOT LATER THAN NINETY DAYS AFTER ISSUANCE OF A FINAL ORDER ACCEPT-
ING  TRANSFER  OF  A  GUARDIANSHIP  OF THE PERSON OR GUARDIANSHIP OF THE
PROPERTY, THE COURT SHALL DETERMINE  WHETHER  THE  GUARDIANSHIP  OF  THE
PERSON  OR  GUARDIANSHIP OF THE PROPERTY NEEDS TO BE MODIFIED TO CONFORM
TO THE LAW OF THIS STATE.
  (G) IN GRANTING A PETITION UNDER THIS SECTION, THE COURT SHALL  RECOG-
NIZE  A  GUARDIANSHIP ORDER FROM THE OTHER STATE, INCLUDING THE DETERMI-
NATION OF INCAPACITY AND THE APPOINTMENT OF THE GUARDIAN OF  THE  PERSON
OR GUARDIAN OF THE PROPERTY.
  (H)  THE  DENIAL  BY  A  COURT OF THIS STATE OF A PETITION TO ACCEPT A
GUARDIANSHIP OF THE PERSON OR GUARDIANSHIP OF THE  PROPERTY  TRANSFERRED
FROM  ANOTHER  STATE  DOES NOT AFFECT THE ABILITY OF THE GUARDIAN OF THE
PERSON OR GUARDIAN OF THE PROPERTY TO SEEK APPOINTMENT  AS  GUARDIAN  OF
THE  PERSON  OR  GUARDIAN  OF  THE  PROPERTY IN THIS STATE UNDER ARTICLE
EIGHTY-ONE OF THIS TITLE OR ARTICLE SEVENTEEN-A OF THE SURROGATE'S COURT
PROCEDURE ACT IF THE COURT HAS JURISDICTION TO MAKE AN APPOINTMENT OTHER
THAN BY REASON OF THE PROVISIONAL ORDER OF TRANSFER.
S 83.35 REGISTRATION OF ORDERS APPOINTING A GUARDIAN OF THE PERSON.
  IF A GUARDIAN OF THE PERSON  BY  WHATEVER  NAME  DESIGNATED  HAS  BEEN
APPOINTED IN ANOTHER STATE AND A PETITION FOR THE APPOINTMENT OF A GUAR-
DIAN  OF  THE  PERSON  IS NOT PENDING IN THIS STATE, THE GUARDIAN OF THE
PERSON APPOINTED IN THE OTHER STATE, AFTER GIVING NOTICE TO THE APPOINT-
ING COURT OF AN INTENT TO REGISTER, MAY REGISTER THE GUARDIANSHIP OF THE
PERSON ORDER IN THIS STATE BY FILING AS A FOREIGN JUDGMENT IN  A  COURT,

S. 7464                             9

IN  ANY  APPROPRIATE COUNTY OF THIS STATE, CERTIFIED COPIES OF THE ORDER
AND LETTERS OF OFFICE.
S 83.37 REGISTRATION OF PROTECTIVE ORDERS.
  IF  A GUARDIAN OF THE PROPERTY HAS BEEN APPOINTED IN ANOTHER STATE AND
A PETITION FOR A PROTECTIVE ORDER IS NOT  PENDING  IN  THIS  STATE,  THE
GUARDIAN  OF  THE  PROPERTY  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. THEREAFTER, SAID  GUARDIAN  OF  THE  PROPERTY
SHALL COMPLY WITH THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH SIX
OF  SUBDIVISION  (A)  OF  SECTION 81.20 OF THIS TITLE WITH REGARD TO ANY
REAL PROPERTY OF THE PROTECTED PERSON IN THIS STATE.
S 83.39 EFFECT OF REGISTRATION.
  (A) UPON REGISTRATION OF AN ORDER APPOINTING A GUARDIAN OF THE  PERSON
OR  PROTECTIVE  ORDER  FROM ANOTHER STATE, THE GUARDIAN OF THE PERSON OR
GUARDIAN OF THE PROPERTY MAY EXERCISE IN THIS STATE ALL  POWERS  AUTHOR-
IZED  IN THE ORDER OF APPOINTMENT EXCEPT AS PROHIBITED UNDER THE LAWS OF
THIS STATE, INCLUDING MAINTAINING ACTIONS AND PROCEEDINGS IN THIS  STATE
AND SELLING REAL PROPERTY AND, IF THE GUARDIAN OF THE PERSON OR GUARDIAN
OF  THE  PROPERTY IS NOT A RESIDENT OF THIS STATE, SUBJECT TO ANY CONDI-
TIONS IMPOSED UPON NONRESIDENT PARTIES.
  (B) A COURT OF THIS STATE MAY GRANT ANY RELIEF  AVAILABLE  UNDER  THIS
ARTICLE AND OTHER LAW OF THIS STATE TO ENFORCE A REGISTERED ORDER.
S 83.41 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
  IN  APPLYING  AND CONSTRUING THIS ARTICLE, CONSIDERATION MUST BE GIVEN
TO THE NEED TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS SUBJECT
MATTER AMONG STATES THAT ENACT IT.
S 83.43 RELATION  TO  ELECTRONIC  SIGNATURES  IN  GLOBAL  AND   NATIONAL
          COMMERCE ACT.
  THIS  ARTICLE  MODIFIES,  LIMITS AND SUPERSEDES THE FEDERAL ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C.  SECTION 7001,
ET SEQ., BUT DOES NOT MODIFY, LIMIT OR SUPERSEDE SECTION 101(C) OF  SUCH
ACT,  15  U.S.C.   SECTION 7001 (C), OR AUTHORIZE ELECTRONIC DELIVERY OF
ANY OF THE NOTICES DESCRIBED IN SECTION 103(B) OF SUCH  ACT,  15  U.S.C.
SECTION 7003(B).
S 83.45 TRANSITIONAL PROVISION.
  (A)  THIS  ARTICLE APPLIES TO PROCEEDINGS BEGUN ON OR AFTER THIS ARTI-
CLE'S EFFECTIVE DATE.
  (B) SECTIONS 83.01 THROUGH 83.05 AND SECTIONS 83.31 THROUGH  83.43  OF
THIS  ARTICLE APPLY TO PROCEEDINGS BEGUN BEFORE THIS ARTICLE'S EFFECTIVE
DATE, REGARDLESS OF WHETHER A GUARDIANSHIP OR PROTECTIVE ORDER HAS  BEEN
ISSUED.
  S 2. Sections 1758 of the surrogate's court procedure act, as added by
chapter 675 of the laws of 1989, is amended to read as follows:
S 1758. Court jurisdiction
  1.  THE JURISDICTION OF THE COURT TO HEAR PROCEEDINGS PURSUANT TO THIS
ARTICLE SHALL BE SUBJECT TO ARTICLE EIGHTY-THREE OF THE  MENTAL  HYGIENE
LAW.
  2.  After the appointment of a guardian, standby guardian or alternate
guardians, the court shall have and retain general jurisdiction over the
mentally retarded or developmentally disabled person for whom such guar-
dian shall have been appointed, to take of its own motion or  to  enter-
tain  and adjudicate such steps and proceedings relating to such guardi-
an, standby, or alternate guardianship as may  be  deemed  necessary  or

S. 7464                            10

proper  for  the  welfare  of  such mentally retarded or developmentally
disabled person.
  S  3.  Section  81.18 of the mental hygiene law, as amended by chapter
438 of the laws of 2004, is amended to read as follows:
S 81.18 Foreign guardian for a person not present in the state.
  Where the person alleged to be incapacitated is  not  present  in  the
state  and  a  guardian,  by  whatever  name  designated,  has been duly
appointed pursuant to the laws of any other [state, territory, or] coun-
try where the person alleged to be incapacitated resides to assist  such
person  in property management, the court in its discretion, may make an
order appointing the foreign guardian as a guardian under  this  article
with powers with respect to property management within this state on the
foreign  guardian's  giving such security as the court deems proper.  IN
ITS DISCRETION, THE COURT MAY UTILIZE THE PROVISIONS OF ARTICLE  EIGHTY-
THREE OF THIS TITLE.
  S 4. This act shall take effect immediately.

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Senate Bill S7464

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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co-Sponsors

2011-S7464 (ACTIVE) - Details

2011-S7464 (ACTIVE) - Summary

2011-S7464 (ACTIVE) - Sponsor Memo

2011-S7464 (ACTIVE) - Bill Text download pdf

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