PRIOR PRINTER'S NO. 2203

PRINTER'S NO.  2589

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1720

Session of

2011

  

  

INTRODUCED BY HENNESSEY, BAKER, CALTAGIRONE, CLYMER, CURRY, DALEY, DONATUCCI, GILLEN, GILLESPIE, GINGRICH, HALUSKA, HARHART, HESS, HORNAMAN, KAVULICH, KILLION, KOTIK, MILLER, MURT, RAPP, READSHAW, REICHLEY, ROSS, TAYLOR, VEREB, WATSON, MARSICO AND VULAKOVICH, JUNE 24, 2011

  

  

AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 19, 2011   

  

  

  

AN ACT

  

1

Amending Title 20 (Decedents, Estates and Fiduciaries) of the

2

Pennsylvania Consolidated Statutes, providing for uniform

3

adult guardianship and protective proceedings jurisdiction.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Title 20 of the Pennsylvania Consolidated

7

Statutes is amended by adding a chapter to read:

8

CHAPTER 59

9

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS

10

JURISDICTION

11

Subchapter

12

A.  General Provisions

13

B.  Jurisdiction

14

C.  Transfer of Guardianship or Conservatorship

15

D.  Registration and Recognition of Orders from Other States

16

E.  Miscellaneous Provisions

 


1

SUBCHAPTER A

2

GENERAL PROVISIONS

3

Sec.

4

5901.  Short title of chapter.

5

5902.  Definitions.

6

5903.  International application of chapter.

7

5904.  Communication between courts.

8

5905.  Cooperation between courts.

9

5906.  Taking testimony in another state.

10

§ 5901.  Short title of chapter.

11

This chapter shall be known and may be cited as the Uniform

12

Adult Guardianship and Protective Proceedings Jurisdiction Act.

13

§ 5902.  Definitions.

14

The following words and phrases when used in this chapter

15

shall have the meanings given to them in this section unless the

16

context clearly indicates otherwise:

17

"Adult."  An individual who has attained 18 years of age.

18

"Conservator."  A person appointed by the court to administer

19

the property of an adult, including a person appointed under

20

Chapter 55 (relating to incapacitated persons) as the guardian

<--

21

of the estate of an adult.

22

"Guardian."  A person appointed by the court to make

23

decisions regarding the person of an adult, including a person

24

appointed under Chapter 55 (relating to incapacitated persons) 

25

as the guardian of the person of an adult.

<--

26

"Guardianship order."  An order appointing a guardian.

27

"Guardianship proceeding."  A judicial proceeding in which an

28

order for the appointment of a guardian is sought or has been

29

issued.

30

"Incapacitated person."  An adult for whom a guardian has

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1

been appointed.

2

"Party."  The respondent, petitioner, guardian, conservator

3

or any other person allowed by the court to participate in a

4

guardianship or protective proceeding.

5

"Person."  Notwithstanding 1 Pa.C.S. § 1991 (relating to

6

definitions) and except in the term "incapacitated person" or

7

"protected person," any:

8

(1)  individual;

9

(2)  corporation;

10

(3)  business trust;

11

(4)  estate;

12

(5)  trust;

13

(6)  partnership;

14

(7)  limited liability company;

15

(8)  association;

16

(9)  joint venture;

17

(10)  public corporation;

18

(11)  government or governmental subdivision, agency or

19

instrumentality; or

20

(12)  other legal or commercial entity.

21

"Protected person."  An adult for whom a protective order has

22

been issued.

23

"Protective order."  An order appointing a conservator or

24

other order related to management of an adult's property.

25

"Protective proceeding."  A judicial proceeding in which a

26

protective order is sought or has been issued.

27

"Record."  Information that is inscribed on a tangible medium

28

or that is stored in an electronic or other medium and is

29

retrievable in perceivable form.

30

"Respondent."  An adult for whom a protective order or the

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1

appointment of a guardian is sought.

2

"State."  A state of the United States, the District of

3

Columbia, Puerto Rico, the Virgin Islands, a federally

4

recognized Indian tribe or any territory or insular possession

5

subject to the jurisdiction of the United States.

6

§ 5903.  International application of chapter.

7

A court of this Commonwealth may treat a foreign country as

8

if it were a state for the purpose of applying this subchapter

9

and Subchapters B (relating to jurisdiction), C (relating to

10

transfer of guardianship or conservatorship) and E (relating to

11

miscellaneous provisions).

12

§ 5904.  Communication between courts.

13

(a)  Authorization.--A court of this Commonwealth may

14

communicate with a court in another state concerning a

15

proceeding arising under this chapter. The court may allow the

16

parties to participate in the communication. Except as otherwise

17

provided in subsection (b), the court shall make a record of the

18

communication. The record may be limited to the fact that the

19

communication occurred.

20

(b)  Exception.--Courts may communicate concerning schedules,

21

calendars, court records and other administrative matters

22

without making a record.

23

§ 5905.  Cooperation between courts.

24

(a)  Initiation.--In a guardianship or protective proceeding

25

in this Commonwealth, a court of this Commonwealth may request

26

the appropriate court of another state to do any of the

27

following:

28

(1)  Hold an evidentiary hearing.

29

(2)  Order a person in that state to produce evidence or

30

give testimony pursuant to procedures of that state.

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1

(3)  Order that an evaluation or assessment be made of

2

the respondent.

3

(4)  Order any appropriate investigation of a person

4

involved in a proceeding.

5

(5)  Forward to the court of this Commonwealth a

6

certified copy of the transcript or other record of a hearing

7

under paragraph (1) or any other proceeding, any evidence

8

otherwise produced under paragraph (2) and any evaluation or

9

assessment prepared in compliance with an order under

10

paragraph (3) or (4).

11

(6)  Issue any order necessary to assure the appearance

12

in the proceeding of a person whose presence is necessary for

13

the court to make a determination, including the respondent

14

or the incapacitated or protected person.

15

(7)  Issue an order authorizing the release of medical,

16

financial, criminal or other relevant information in that

17

state, including protected health information as defined in

18

45 CFR 160.103 (relating to definitions).

19

(8)  Take or refrain from taking any other action to

<--

20

facilitate the prompt and fair resolution of matters subject

21

to this chapter.

22

(b)  Response.--If a court of another state in which a

23

guardianship or protective proceeding is pending requests

24

assistance of the kind provided in subsection (a), a court of

25

this Commonwealth has jurisdiction for the limited purpose of

26

granting the request or making reasonable efforts to comply with

27

the request.

28

§ 5906.  Taking testimony in another state.

29

(a)  General procedures.--In a guardianship or protective

30

proceeding, in addition to other procedures that may be

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1

available, testimony of a witness who is located in another

2

state may be offered by deposition or other means allowable in

3

this Commonwealth for testimony taken in another state. The

4

court on its own motion may order that the testimony of a

5

witness be taken in another state and may prescribe the manner

6

in which and the terms upon which the testimony is to be taken.

7

(b)  Means.--In a guardianship or protective proceeding, a

8

court in this Commonwealth may permit a witness located in

9

another state to be deposed or to testify by telephone or

10

audiovisual or other electronic means. A court of this

11

Commonwealth shall cooperate with the court of the other state

12

in designating an appropriate location for the deposition or

13

testimony.

14

SUBCHAPTER B

15

JURISDICTION

16

Sec.

17

5911.  Definitions; significant connection factors.

18

5912.  Exclusive basis.

19

5913.  Jurisdiction.

20

5914.  Special jurisdiction.

21

5915.  Exclusive and continuing jurisdiction.

22

5916.  Appropriate forum.

23

5917.  Jurisdiction declined by reason of conduct.

24

5918.  Notice of proceeding.

25

5919.  Proceedings in more than one state.

26

§ 5911.  Definitions; significant connection factors.

27

(a)  Definitions.--The following words and phrases when used

28

in this subchapter shall have the meanings given to them in this

29

section unless the context clearly indicates otherwise:

30

"Emergency."  A circumstance:

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1

(1)  which likely will result in substantial harm to a

2

respondent's health, safety or welfare; and

3

(2)  for which the appointment of a guardian is necessary

4

because no other person has authority and is willing to act

5

on the respondent's behalf.

6

"Home state."  One of the following:

7

(1)  The state in which the respondent was physically

8

present, including any period of temporary absence, for at

9

least six consecutive months immediately before the filing of

10

a petition for a protective order or the appointment of a

11

guardian.

12

(2)  If the requirement of paragraph (1) is not met, the

13

state in which the respondent was physically present,

14

including any period of temporary absence, for at least six

15

consecutive months ending within the six months prior to the

16

filing of the petition.

17

"Significant-connection state."  A state, other than the home

18

state, with which a respondent has a significant connection

19

other than mere physical presence and in which substantial

20

evidence concerning the respondent is available.

21

(b)  Significant connection factors.--In determining under

22

sections 5913 (relating to jurisdiction) and 5921(e) (relating

23

to transfer of guardianship or conservatorship to another state)

24

whether a respondent has a significant connection with a

25

particular state, the court shall consider all of the following:

26

(1)  The location of the respondent's family and other

27

persons required to be notified of the guardianship or

28

protective proceeding.

29

(2)  The length of time the respondent at any time was

30

physically present in the state and the duration of any

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1

absence.

2

(3)  The location of the respondent's property.

3

(4)  The extent to which the respondent has ties to the

4

state. This paragraph includes voting registration, state or

5

local tax return filing, vehicle registration, driver's

6

license, social relationship and receipt of services.

7

§ 5912.  Exclusive basis.

8

This Notwithstanding any inconsistent provisions of Chapter

<--

9

55 (relating to incapacitated persons), this subchapter provides

10

the exclusive jurisdictional basis for a court of this

11

Commonwealth to appoint a guardian or issue a protective order

12

for an adult.

13

§ 5913.  Jurisdiction.

14

A court of this Commonwealth has jurisdiction to appoint a

15

guardian or issue a protective order for a respondent if one of

16

the following paragraphs applies:

17

(1)  This Commonwealth is the respondent's home state.

18

(2)  On the date the petition is filed, all of the

19

following subparagraphs apply:

20

(i)  This Commonwealth is a significant-connection

21

state.

22

(ii)  One of the following clauses applies:

23

(A)  The respondent does not have a home state,

24

or a court of the respondent's home state has

25

declined to exercise jurisdiction because this

26

Commonwealth is a more appropriate forum or has

<--

27

declined to exercise jurisdiction in a manner not

28

inconsistent with a determination that this

29

Commonwealth is a more appropriate forum.

30

(B)  The respondent has a home state; a petition

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1

for an appointment or order is not pending in a court

2

of that state or another significant-connection

3

state; and, before the court makes the appointment or

4

issues the order:

5

(I)  a petition for an appointment or order

6

is not filed in the respondent's home state;

7

(II)  an objection to the court's

8

jurisdiction is not filed by a person required to

9

be notified of the proceeding; and

10

(III)  the court in this Commonwealth

11

concludes that it is an appropriate forum under

12

the factors set forth in section 5916 (relating

13

to appropriate forum).

14

(3)  This Commonwealth does not have jurisdiction under

<--

15

(3)  All of the following subparagraphs apply:

<--

16

(i)  This Commonwealth does not have jurisdiction

17

under either paragraph (1) or (2), the.

<--

18

(ii)  The respondent's home state and all

19

significant-connection states have declined to exercise

20

jurisdiction because this Commonwealth is the more

21

appropriate forum and jurisdiction or has declined to

<--

22

exercise jurisdiction in a manner not inconsistent with a

23

determination that this Commonwealth is a more

24

appropriate forum.

25

(iii)  Jurisdiction in this Commonwealth is

26

consistent with the Constitution of the United States and

27

the Constitution of Pennsylvania.

28

(4)  The requirements for special jurisdiction under

29

section 5914 (relating to special jurisdiction) are met.

30

§ 5914.  Special jurisdiction.

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1

(a)  Scope.--A Notwithstanding the requirements of section

<--

2

5513 (relating to emergency guardian) as it relates to limiting

3

the duration of an order appointing an emergency guardian of the

4

person or estate, a court of this Commonwealth lacking

5

jurisdiction under section 5913(1), (2) or (3) (relating to

6

jurisdiction) has special jurisdiction to do any of the

7

following:

8

(1)  Appoint a guardian in an emergency for a term not

9

exceeding 90 days for a respondent who is physically present

10

in this Commonwealth.

11

(2)  Issue a protective order with respect to real or

12

tangible personal property located in this Commonwealth, 

<--

13

including, in an emergency, a protective order for a term not

14

exceeding 90 days.

15

(3)  Appoint a guardian or conservator for an

16

incapacitated or protected person for whom a provisional

17

order to transfer the proceeding from another state has been

18

issued under procedures similar to section 5921 (relating to

19

transfer of guardianship or conservatorship to another

20

state).

21

(b)  Dismissal.--If a petition for the appointment of a

22

guardian in an emergency is brought in this Commonwealth and

23

this Commonwealth was not the respondent's home state on the

24

date the petition was filed, the court shall dismiss the

25

proceeding at the request of the court of the home state, if

26

any, whether dismissal is requested before or after the

27

emergency appointment.

28

§ 5915.  Exclusive and continuing jurisdiction.

29

Except as otherwise provided in section 5914 (relating to

30

special jurisdiction), a court that has appointed a guardian or

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1

issued a protective order consistent with this chapter has

2

exclusive and continuing jurisdiction over the proceeding until

3

it is terminated by the court or the appointment or order

4

expires by its own terms.

5

§ 5916.  Appropriate forum.

6

(a)  Decline to exercise jurisdiction.--A court of this

7

Commonwealth having jurisdiction under section 5913 (relating to

8

jurisdiction) to appoint a guardian or issue a protective order

9

may decline to exercise its jurisdiction if it determines at any

10

time that a court of another state is a more appropriate forum.

11

(b)  Procedure.--If a court of this Commonwealth declines to

12

exercise its jurisdiction under subsection (a), it shall either

13

dismiss or stay the proceeding. The court may impose any

14

condition the court considers just and proper, including the

15

condition that a petition for the appointment of a guardian or

16

issuance of a protective order be filed promptly in another

17

state.

18

(c)  Consideration.--In determining whether it is an

19

appropriate forum, the court shall consider all relevant

20

factors, including:

21

(1)  any expressed preference of the respondent;

22

(2)  whether abuse, neglect or exploitation of the

23

respondent has occurred or is likely to occur and which state

24

could best protect the respondent from the abuse, neglect or

25

exploitation;

26

(3)  the length of time the respondent was physically

27

present in or was a legal resident of this Commonwealth or

28

another state;

29

(4)  the distance of the respondent from the court in

30

each state;

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1

(5)  the financial circumstances of the respondent's

2

estate;

3

(6)  the nature and location of the evidence;

4

(7)  the ability of the court in each state to decide the

5

issue expeditiously and the procedures necessary to present

6

evidence;

7

(8)  the familiarity of the court of each state with the

8

facts and issues in the proceeding; and

9

(9)  if an appointment were made, the court's ability to

10

monitor the conduct of the guardian or conservator.

11

§ 5917.  Jurisdiction declined by reason of conduct.

12

(a)  Judicial options.--If a court of this Commonwealth

13

determines that it acquired jurisdiction to appoint a guardian

14

or issue a protective order because of unjustifiable conduct,

15

the court may exercise an option under any of the following

16

paragraphs:

17

(1)  Decline to exercise jurisdiction.

18

(2)  Exercise jurisdiction for the limited purpose of

19

fashioning an appropriate remedy to:

20

(i)  ensure the health, safety and welfare of the

21

respondent or the protection of the respondent's

22

property; or

23

(ii)  prevent a repetition of the unjustifiable

24

conduct, including staying the proceeding until a

25

petition for the appointment of a guardian or issuance of

26

a protective order is filed in a court of another state

27

having jurisdiction.

28

(3)  Continue to exercise jurisdiction after considering:

29

(i)  the extent to which the respondent and all

30

persons required to be notified of the proceedings have

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1

acquiesced in the exercise of the court's jurisdiction;

2

(ii)  whether it is a more appropriate forum than the

3

court of any other state under the factors set forth in

4

section 5916(c) (relating to appropriate forum); and

5

(iii)  whether the court of any other state would

6

have jurisdiction under factual circumstances in

7

substantial conformity with the jurisdictional standards

8

of section 5913 (relating to jurisdiction).

9

(b)  Costs and fees.--If a court of this Commonwealth

10

determines that it acquired jurisdiction to appoint a guardian

11

or issue a protective order because a party seeking to invoke

12

its jurisdiction engaged in unjustifiable conduct, it may assess

13

against that party necessary and reasonable expenses, including

14

attorney fees, investigative fees, court costs, communication

15

expenses, witness fees and expenses and travel expenses. The

16

court may not assess fees, costs or expenses of any kind against

17

the Commonwealth, a political subdivision or an instrumentality

18

of the Commonwealth unless authorized by law other than this

19

chapter.

20

§ 5918.  Notice of proceeding.

21

If a petition for the appointment of a guardian or issuance

22

of a protective order is brought in this Commonwealth and this

23

Commonwealth was not the respondent's home state on the date the

24

petition was filed, in addition to complying with the notice

25

requirements of this Commonwealth, notice of the petition must

26

be given to those persons who would be entitled to notice of the

27

petition if a proceeding were brought in the respondent's home

28

state. The notice must be given in the same manner as notice is

29

required to be given in this Commonwealth.

30

§ 5919.  Proceedings in more than one state.

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1

Except for a petition for the appointment of a guardian in an

2

emergency or issuance of a protective order limited to property

3

located in this Commonwealth under section 5914(a)(1) or (2)

4

(relating to special jurisdiction), if a petition for the

5

appointment of a guardian or issuance of a protective order is

6

filed in this Commonwealth and in another state and neither

7

petition has been dismissed or withdrawn, all of the following

8

apply:

9

(1)  If the court in this Commonwealth has jurisdiction

10

under section 5913 (relating to jurisdiction), it may proceed

11

with the case unless a court in another state acquires

12

jurisdiction under provisions similar to section 5913 before

13

the appointment or issuance of the order.

14

(2)  If the court in this Commonwealth does not have

15

jurisdiction under section 5913, whether at the time the

16

petition is filed or at any time before the appointment or

17

issuance of the order, the court shall stay the proceeding

18

and communicate with the court in the other state. If the

19

court in the other state has jurisdiction, the court in this

20

Commonwealth shall dismiss the petition unless the court in

21

the other state determines that the court in this

22

Commonwealth is a more appropriate forum.

23

SUBCHAPTER C

24

TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP

25

Sec.

26

5921.  Transfer of guardianship or conservatorship to another

27

state.

28

5922.  Accepting guardianship or conservatorship transferred

29

from another state.

30

§ 5921.  Transfer of guardianship or conservatorship to another

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1

state.

2

(a)  Petition.--A guardian or conservator appointed in this

3

Commonwealth may petition the court to transfer the guardianship

4

or conservatorship to another state.

5

(b)  Notice.--Notice of a petition under subsection (a) must

6

be given to the persons that would be entitled to notice of a

7

petition in this Commonwealth for the appointment of a guardian

8

or conservator.

9

(c)  Hearing.--The court shall hold a hearing on a petition

10

filed under subsection (a):

11

(1)  on its own motion; or

12

(2)  on request of:

13

(i)  the guardian or conservator;

14

(ii)  the incapacitated or protected person; or

15

(iii)  another person required to be notified of the

16

petition.

17

(d)  Provisional guardianship order.--The court shall issue

18

an order provisionally granting a petition to transfer a

19

guardianship and shall direct the guardian to petition for

20

guardianship in the other state if the court is satisfied that

21

the guardianship will be accepted by the court in the other

22

state and the court finds that:

23

(1)  the incapacitated person is physically present in or

24

is reasonably expected to move permanently to the other

25

state;

26

(2)  an objection to the transfer has not been made or,

27

if an objection has been made, the objector has not

28

established that the transfer would be contrary to the

29

interests of the incapacitated person; and

30

(3)  plans for care and services for the incapacitated

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1

person in the other state are reasonable and sufficient.

2

(e)  Provisional conservatorship order.--The court shall

3

issue a provisional order granting a petition to transfer a

4

conservatorship and shall direct the conservator to petition for

5

conservatorship in the other state if the court is satisfied

6

that the conservatorship will be accepted by the court of the

7

other state and the court finds that:

8

(1)  the protected person is physically present in or is

9

reasonably expected to move permanently to the other state,

10

or the protected person has a significant connection to the

11

other state considering the factors in section 5911(b)

12

(relating to definitions; significant connection factors);

13

(2)  an objection to the transfer has not been made or,

14

if an objection has been made, the objector has not

15

established that the transfer would be contrary to the

16

interests of the protected person; and

17

(3)  adequate arrangements will be made for management of

18

the protected person's property.

19

(f)  Final order.--The court shall issue a final order

20

confirming the transfer and terminating the guardianship or

21

conservatorship upon its receipt of:

22

(1)  a provisional order accepting the proceeding from

23

the court to which the proceeding is to be transferred which

24

is issued under provisions similar to section 5922 (relating

25

to accepting guardianship or conservatorship transferred from

26

another state); and

27

(2)  the documents required to terminate a guardianship

28

or conservatorship in this Commonwealth.

29

§ 5922.  Accepting guardianship or conservatorship transferred

30

from another state.

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1

(a)  Petition.--To confirm transfer of a guardianship or

2

conservatorship transferred to this Commonwealth under

3

provisions similar to section 5921 (relating to transfer of

4

guardianship or conservatorship to another state), the guardian

5

or conservator must petition the court in this Commonwealth to

6

accept the guardianship or conservatorship. The petition must

7

include a certified copy of the other state's provisional order

8

of transfer.

9

(b)  Notice.--Notice of a petition under subsection (a) must

10

be given to those persons that would be entitled to notice if

11

the petition were a petition for the appointment of a guardian

12

or issuance of a protective order in both the transferring state

13

and this Commonwealth. The notice must be given in the same

14

manner as notice is required to be given in this Commonwealth.

15

(c)  Hearing.--The court shall hold a hearing on a petition

16

filed under subsection (a):

17

(1)  on its own motion; or

18

(2)  on request of:

19

(i)  the guardian or conservator;

20

(ii)  the incapacitated or protected person; or

21

(iii)  another person required to be notified of the

22

petition.

23

(d)  Provisional order.--The court shall issue an order

24

provisionally granting a petition filed under subsection (a)

25

unless:

26

(1)  an objection is made and the objector establishes

27

that transfer of the proceeding would be contrary to the

28

interests of the incapacitated or protected person; or

29

(2)  the guardian or conservator is ineligible for

30

appointment in this Commonwealth.

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1

(e)  Final order.--The court shall issue a final order

2

accepting the proceeding and appointing the guardian or

3

conservator as guardian or conservator in this Commonwealth upon

4

its receipt from the court from which the proceeding is being

5

transferred of a final order issued under provisions similar to

6

section 5921 transferring the proceeding to this Commonwealth.

7

(f)  Modification.--Not later than 90 days after issuance of

8

a final order accepting transfer of a guardianship or

9

conservatorship, the court shall determine whether the

10

guardianship or conservatorship requires modification to conform

11

to the laws of this Commonwealth.

12

(g)  Recognition of order from other state.--In granting a

13

petition under this section, the court shall recognize a

14

guardianship or conservatorship order from the other state,

15

including the determination of the incapacitated or protected

16

person's incapacity and the appointment of the guardian or

17

conservator.

18

(h)  Effect of denial.--The denial by a court of this

19

Commonwealth of a petition to accept a guardianship or

20

conservatorship transferred from another state does not affect

21

the ability of the guardian or conservator to seek appointment

22

as guardian or conservator in this Commonwealth under Chapter 55

23

(relating to incapacitated persons) if the court has

24

jurisdiction to make an appointment other than by reason of the

25

provisional order of transfer.

26

SUBCHAPTER D

27

REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES

28

Sec.

29

5931.  Registration of guardianship orders.

30

5932.  Registration of protective orders.

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1

5933.  Effect of registration.

2

§ 5931.  Registration of guardianship orders.

3

If a guardian has been appointed in another state and a

4

petition for the appointment of a guardian is not pending in

5

this Commonwealth, the guardian appointed in the other state,

6

after giving notice to the appointing court of an intent to

7

register, may register the guardianship order in this

8

Commonwealth by filing as a foreign judgment in a court, in any

9

appropriate judicial district of this Commonwealth, certified

10

copies of the order and letters of office.

11

§ 5932.  Registration of protective orders.

12

If a conservator has been appointed in another state and a

13

petition for a protective order is not pending in this

14

Commonwealth, the conservator appointed in the other state,

15

after giving notice to the appointing court of an intent to

16

register, may register the protective order in this Commonwealth

17

by filing as a foreign judgment in a court of this Commonwealth,

18

in any judicial district in which property belonging to the

19

protected person is located, certified copies of the order and

20

letters of office and of any bond.

21

§ 5933.  Effect of registration.

22

(a)  Powers.--Upon registration of a guardianship or

23

protective order from another state, the guardian or conservator

24

may exercise in this Commonwealth all powers authorized in the

25

order of appointment except as prohibited under the laws of this

26

Commonwealth, including maintaining actions and proceedings in

27

this Commonwealth and, if the guardian or conservator is not a

28

resident of this Commonwealth, subject to any conditions imposed

29

upon nonresident parties.

30

(b)  Relief authorized.--A court of this Commonwealth may

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1

grant any relief available under this chapter and other law of

2

this Commonwealth to enforce a registered order.

3

SUBCHAPTER E

4

MISCELLANEOUS PROVISIONS

5

Sec.

6

5991.  Uniformity of application and construction.

7

5992.  Relation to Electronic Signatures in Global and National

8

Commerce Act.

9

§ 5991.  Uniformity of application and construction.

10

In applying and construing this uniform act, consideration

11

must be given to the need to promote uniformity of the law with

12

respect to its subject matter among states that enact it.

13

§ 5992.  Relation to Electronic Signatures in Global and

14

National Commerce Act.

15

(a)  General rule.--Except as set forth in subsection (b),

16

this chapter modifies, limits or supersedes the Electronic

17

Signatures in Global and National Commerce Act (Public Law

18

106-229, 15 U.S.C. § 7001 et seq.).

19

(b)  Exceptions.--

20

(1)  This chapter does not modify, limit or supersede

21

section 101(c) of the Electronic Signatures in Global and

22

National Commerce Act (15 U.S.C. § 7001(c)).

23

(2)  This chapter does not authorize electronic delivery

24

of any of the notices described in section 103(b) of the

25

Electronic Signatures in Global and National Commerce Act (15

26

U.S.C. § 7003(b)).

27

Section 2.  Applicability is as follows:

28

(1)  Subject to paragraph (2), the addition of 20 Pa.C.S.

29

Ch. 59 applies to guardianship and protective proceedings

30

begun on or after the effective date of this act.

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1

(2)  The addition of the following provisions of 20

2

Pa.C.S. Ch. 59 apply to proceedings begun before the

3

effective date of this section, regardless of whether a

4

guardianship or protective order has been issued:

5

(i)  Subchapter A.

6

(ii)  Subchapter C.

7

(iii)  Subchapter D.

8

(iv)  Subchapter E.

9

Section 3.  This act shall take effect in 60 days.

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