of a single jurisdiction law on guardianship and care of adults ( "UAGPPJA") contains fundamental changes in the practice of law on welfare arena. UAGPPJA, registered as a Public Law 096-0177, considering the issues affecting many jurisdictions (state) the transfer and recognition of the public care.
The applicability of the new provisions of the law on the prohibition is designed to eliminate the problems of the state's jurisdiction in cases of "abductions grandmother." Normally the picture of the facts occurs when an adult resident of the State of Illinois is visiting the child in another state (Washington) on vacation, or a child arrives in Illinois and kidnaps the mother and takes her back to the house (Washington) children enrolled in the state other than Illinois. Often breaking the rules designed to financial exploitation and deprivation of parental jurisdiction of the court in the State of the parent of the parent state – Illinois. Further such behavior is designed to bring parents out of the reach of custody Illinois. If a State which accepts, took UAGPPJA, a lawyer can rely on the new statutes of Illinois.
As an option, the new form provides for the designation of whether the Illinois special jurisdiction (which means no home state, and not much communication jurisdiction) as defined in Chapter 204 UAGPPYA:
(A) The court of this state, which does not have jurisdiction in accordance with Article 203 (1) – (3), has a special jurisdiction:
(1) to appoint a guardian in an emergency for a period not exceeding 90 days, for the respondent who is physically located in such a state;
(2) issue orders concerning protective material property items disposed in this state;
(3) Designate a guardian or conservator for incompetent or protected person, for which previous order to transfer the case of another state has been issued in accordance with a procedure similar to card 301.
(B) If the application for appointment of a guardian in case of an emergency in this state is shown, and on the date of submission of the application, this house was not the defendant, the court rejects the consideration of the case at the request. Court home state, if any, required the dismissal before or after an emergency appointment. (See. 2 of Article 204 (a) and (b).
New appropriate conditions, which are expected to be included in the revised form of shares Probatov Cook County:
1) "home state" means a state in which the respondent was physically, including any period of temporary absence, at least six consecutive months immediately preceding the application for a protective order or appointment of a guardian; or if not, a condition in which the respondent was physically, including any period of temporary absence, at least six consecutive months, ending six months before the treatment. (See Article 2 of section 201 (a) (2).;
2) "state significant association" means a state which is not a & # 39 is the home state, with which the respondent has a significant connection, in addition to a simple physical presence, and in which there is considerable evidence concerning the respondent.
(See Article 2 of section 201 (a) (3). And
3) "emergency" means a circumstance which is likely to result in significant harm to the health, safety and welfare of the respondent, and for which the appointment of a guardian is necessary, because the other person has no power and is ready to act on behalf of the respondent. (See. 2 of Article 201 (a) (1).
Cook County Judicial jurisdiction in conjunction with the Chicago board according to the rules and forms of lawyers is preparing a new request for appointment of a guardian for a disabled form of CCP 0200A. The new form requires specifically ask if the Illinois to the & # 39 is the home, and if not, what is the state of the & # 39 is home.
The new statute states:
… In determining whether the defendant has a significant association with any country, the court takes into account:
(1) the location of something & # 39; and the respondent and other persons who are required to receive a message of trustees or a protective order;
(2) the length of time the respondent at any time in a state, and the duration of any of its absence;
(3) place the respondent's location; and
(4) the extent to which the respondent has a relationship with the state, such as voting registration, filing a tax return on the state or local, car registration, driver's license, social relationships and the receipt of services. "(See. Article 2, Section 201 (b) (1-4)
As an obvious benefit to practitioners who work in practice, UAGPPJA also includes new provisions for certificates in another state, section 106 (AC).
These important changes are identified as follows:
a) In the process of guardianship or protection, in addition to other procedures that may be available, a witness who resides in another state can be provided by depazitsyi or other means acceptable in this state, for the evidence taken in another state. of their own accord the court may order that a witness had been taken in another state, and may prescribe the procedure and conditions under which the evidence to be taken.
b) In the process of guardianship or protection of the court in this state can allow a witness located in another state, be removed from office or to give evidence by telephone, audio-visual or other electronic means. The court of this state cooperates with the court of another State in the determination of the place, the right to depazitsyi or certificate.
c) Documentary evidence transmitted from another Member State to a court of this state of technological methods, which do not allow the original writing, can not be excluded from the evidence objectively, based on the best evidence rule. "(See. Section 106 (AC)
This eliminates the need to get a lawyer contain a local lawyer in another state and issue subpoenas for the surrender of applications for loan witnesses.
We live in a very mobile society, in which grown adult can easily travel from state to state, may, snow birds, which often own the real estate in several jurisdictions. Where the right to hold the guardianship, if a resident of Illinois, has an apartment on Lake Shore Drive, with children who live in Illinois, stroke, while for apartments in Florida for the winter? Illinois residents require invasive medical treatment in Florida and did not fulfill the advanced directive. This is just one example of shmatdyarzhavnyh disputes, UAGPPJA can solve.
In addition, the new statute provides for section 105, "Cooperation between the courts, which first prepares an employment relationship between the judicial system in a few states and indicates the actions that can be claimed by the Illinois judge of the judicial system in another state. This should allow the direct judicial communication and hope . and remove obstacles to quick and friendly reception in the judicial system of another country These important provisions below designated as Section 105:
(A) In the process of care or protection in the State Court of that State may request the relevant court of another state to do any of the following:
(1) to evidentiary hearing;
(2) order the person in the State to present evidence or to testify in accordance with the procedures of that State;
(3) The order than rating or evaluation made by respondents;
(4) rasparadits any appropriate investigation of the person participating in the proceedings;
(5) submit to the court of that State a certified copy of the transcript or other record of the hearing under paragraph 1 or any other case, any evidence provided by other means in accordance with paragraph (2), and any evaluation or assessment, prepared in accordance with an order under paragraph (3) or (4);
(6) issue any provisions necessary for a & # 39; appearance in the proceedings the person whose presence is necessary that the court made a decision, including the defendant or incapacitated or protected person;
(7) to issue an order to permit the issuance of medical, financial, criminal and other relevant information in the State, including information on health care, as defined in section 454 504 CFR 45. (See. Article 1, Section 105 (a)).
This position is indicated in Section 105 (b), which contains the Illinois courts have limited jurisdiction to grant the request made by another State in the Illinois court, for the limited purpose to grant the request, or make reasonable efforts to comply with the request.
The status is language:
(B) If the court of another country in which the guardianship and protection agencies dealing with the matter, requires the help of the form referred to in subparagraph (a), the court of that State has jurisdiction for the limited purpose to grant the application or to make reasonable efforts to comply with the request. "(See. Article 1, Section 105 (b).
For example, perhaps the court of Florida appealed to the district department of the ban Cook heard the testimony of a psychiatrist of Illinois at Snowbird example stated above. If a resident of Illinois during the visit of the disease in Florida suffering from mental illness in Illinois certificate older adult psychiatrist would be very important. According to the new statute, the court of Florida may require that the Court of Illinois held evidentiary hearing in accordance with section 105. Possibly the easiest way to secure the evidence would permit reading of Article 106, the adoption of evidence in another state. This provision, which specifically allows indicates depazitsyyu allows witnesses who are in the non-state, with a & # 39; is a way of drawing up a deposit. (Please note, Florida has not yet taken UAGPPJA.)
Section 206 UAGPPYA called "appropriate forum" clearly outlines the elements of the analysis to determine a & # 39 is the state corresponding platform for the proposed care. (See. Section 206 (c) after the trial from the jurisdiction to give 206 (a) or (b).
Section 206 reads as follows:
a) The Court of the State which has jurisdiction pursuant to Article 203, or appoint a trustee to issue a protective order, may decline to exercise its jurisdiction when at any time determine that a court of another State with & # 39 is a more appropriate forum.
b) If the court of the State to refrain from exercising its jurisdiction in accordance with subparagraph (a), it is either to stop or discontinue the proceedings. The court may impose any conditions that the court considers just and appropriate, including the condition that the request for appointment of a guardian or the issuance of a protection order was immediately filed in another State.
c) In determining, or & # 39 is this the appropriate forum, the court shall consider all relevant factors, including:
(1) any identified advantages respondent;
(2) the occurrence of abuse or neglect respondents operation has occurred or is likely to occur, and a state can best protect the respondent from abuse or neglect operation;
(3) the length of time the respondent was in a physical location in or was a legal resident of a State;
(4) the distance from the transponder vessels in each state;
(5) the financial circumstances of the heritage;
(6) the nature and location of evidence;
(7) the ability of the court in each of the states quickly resolve the issue and the procedure required for the presentation of evidence;
(8) The introduction of the court of each state with the facts and issues of litigation; and
(9) when it was an appointment, the court will be able to control the behavior of a guardian or conservator. (See. Article 2, Section 206)
The new law on guardianship should reduce and prevent ill-treatment of people, financial exploitation and provide older adults with protection they deserve from our judicial system in about twenty states have adopted the Uniform Law on the Custodian of adults and business protection. UAGPPYA should also assist the lawyer in the reduction of run-ins with questions of jurisdiction shmatdyarzhavnyh bodies of guardianship, if the act was passed by both states. Authorized under the uniform law continue to seek adoption UAGPPYA in the remaining states that have not adopted this position.