Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, October 19, 2006

Interstate Guardianship Problems

On many prior occasions on this blog, I have reported on the case of Lillian Glasser and the battle to control her and her $25 million fortune.

This issue is the focus of an article by Anthony E. Rothert (Legal Director, ACLU of Eastern Missouri) entitled When Wards Leave the State, Will Their Guardians' Authority Be Recognized?, 94 Ill. B.J. 554 (2006).  Here is an excerpt from his conclusion:

Inevitably, conflicts related to interstate guardianship issues will continue until a national consensus is reached. If faced with a court in another state that is hostile toward an Illinois guardianship judgment (or an Illinois court resistant to recognizing the authority of a foreign guardian), provide the judge with the suggestions of organizations that have studied the issue. The Wisconsin Supreme Court seemed particularly receptive to the standards recommended by the National College of Probate Judges, but other guidelines are available.

The National Conference of Commissioners on Uniform State Laws established a framework for transferring the jurisdiction of guardians. The uniform law would allow a foreign guardian to petition for appointment in the new state if venue is or will be established.

The Wingspan Guardianship Symposium, originally convened by the American Bar Association and made up of guardianship professionals from multiple disciplines - including lawyers, judges, healthcare and health services providers, mental health professionals, ethicists, and academics - has developed recommendations on this and other guardianship issues.

https://lawprofessors.typepad.com/trusts_estates_prof/2006/10/interstate_guar.html

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