September 29th, 2011

Yesterday the House Aging and Older Adult Services Committee held a public hearing on HB 1720.

Sponsored by Rep. Hennessey, the bill would amend Title 20 (Decedents, Estates and Fiduciaries) to add the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which provides for uniform adult guardianship and protective proceedings jurisdiction.

The bill provides for communication and cooperation with courts in other states and for the taking of testing in another state. A subchapter on jurisdiction outlines the exclusive jurisdictional basis for a court of this Commonwealth to appoint a guardian or issue a protective order for an adult. A guardian or conservator appointed in Pennsylvania may petition the court to transfer the guardianship or conservatorship to another state, as provided in the bill. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this Commonwealth, 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 Commonwealth by filing as a foreign judgment in a court, in any appropriate judicial district of this Commonwealth, certified copies of the order and letters of office. Similarly, if a conservator has been appointed in another state and a petition for a protective order is not pending in this Commonwealth, the conservator appointed in the other state may register the protective order in Pennsylvania.

Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this Commonwealth all powers authorized in the order of appointment except as prohibited under the laws of this Commonwealth, including maintaining actions and proceedings in this Commonwealth and, if the guardian or conservator is not a resident of this Commonwealth, subject to any conditions imposed upon nonresident parties.

The meeting was conducted in more of a “roundtable” format than traditional hearing. Testifying were representatives from: AARP, Department of Public Welfare: Kevin Hancock, Institute of Protective Services, and other adult/familial care consumers and stakeholders. Raymond Pepe, Esq. from K&L Gates delivered opening remarks, setting the tone for the overall display of advocacy from all testifiers present at the meeting. Pepe stated that, as a whole, the bill provides for the fairness and assistance of judges in cases of jurisdictional guardianship disputes, as it addresses the issue of which state an individual should petition for guardianship within in cases where the conservatoree has multistate residence. Under current law, there exists no standardization for cases involving multiple residences.

Additionally, Pepe stated that HB 1720 definitively establishes procedures for resolving jurisdictional inconsistencies. He also emphasized that that bill does not change substantive jurisdictional law. With the current entanglement of federal and state mandates for resolving issues of jurisdictional guardianship, Pepe said dramatic costs can be incurred. HB 1720 would help to drive down these costs and establish a framework for guardianship and transference.

The bill will next be discussed on October 4 in committee.