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Taxation & Estate Planning

: Florida Probate Litigation Blog

Florida needs to adopt the Adult Guardianship and Protective Proceedings Jurisdiction Act

By Juan C. Antúnez

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The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) addresses a problem that needs fixing in Florida: interstate jurisdiction controversies involving adult guardianship proceedings. As I've written before, due to our highly mobile popluation (especially with respect to retiring seniors) inter-state forum shopping in contested guardianship proceedings is a growing problem [click here]. So it's not surprising these cases are already bubbling up through our appellate court system [click here].

The UAGPPJA addresses the forum shopping problem by creating a reliable process for determining with certainty which state will have jurisdiction to appoint a guardian or conservator if there is a conflict among one or more states. The UAGPPJA's legislative status in Florida is unclear, although it is getting some attention in Tallahassee. Legislation adopting the uniform act in Florida was introduced in January 2009 - then withdrawn the next month (HB 305). Stay tuned for more.

Full post as published by Florida Probate Litigation Blog on March 17, 2009 (boomark / email).