Caregivers as Guardians

Good News For Caregivers Who Are Guardians!

A new law has passed that will help caregivers in one state become guardians for their dependent loved ones in other states.

To date 45 states, the District of Columbia and Puerto Rico have passed the Uniform Adult Guardianship and Protective Proceedings Jurisdictions Act (UAGPPJA). The result is that now family caregivers can legally serve as guardians for parents, spouses and other loved ones across state lines. The states not included: Texas, Florida, Kansas, Michigan and Wisconsin.

In practical terms –especially in today’s ultra mobile world - this means that caregivers who have been deemed as guardians in one state can make those guardianship decisions about health and finances of their loved one in another state that recognizes the law.

According to the National Guardianship Association, multiple jurisdictions can complicate caregiving efforts.

“Questions of which state has jurisdiction to appoint a guardian or conservator can arise between an American state and another country. But more frequently problems arise because the individual has contacts with more than one American state.

“Contested cases in which courts in more than one state have jurisdiction are becoming more common. Sometimes these cases arise because the adult is physically located in a state other than the adult’s domicile. Sometimes the case arises because of uncertainty as to the adult’s domicile, particularly if the adult owns a vacation home in another state. There is a need for an effective mechanism for resolving multi-jurisdictional disputes. “

This law is intended to address such issues. Caregiving is already a tough job and having to seek legal means to ‘override’ another state’s differing statutes only adds to the frustration. PLUS, it could jeopardize the timeliness of much needed care.

UAGPPJA provides protection for caregivers and those being cared for by:

1. Outlining a set of rules for streamlining the transfer of guardianship from one state to another
2. Allowing states to recognize and register guardianship orders from other states
3. Creating a clear process for determining jurisdiction by designating which state should hear a request for guardianship when more than one state is involved
4. Protecting seniors by giving the court information and authority to act on abuse and exploitation

To read a summary of the law, click here.

J. Dietrich Stroeh is author of Three Months: A Caregiving Journey from Heartbreak to Healing (FolkHeart Press) and two free e-books. For more information, click here.