PRINTER'S NO.  2203

  

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 AND WATSON, JUNE 24, 2011

  

  

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, JUNE 24, 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).

21

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

22

decisions regarding the person of an adult, including a person

23

appointed under Chapter 55 (relating to incapacitated persons).

24

"Guardianship order."  An order appointing a guardian.

25

"Guardianship proceeding."  A judicial proceeding in which an

26

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

27

issued.

28

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

29

been appointed.

30

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

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1

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

2

guardianship or protective proceeding.

3

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

4

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

5

"protected person," any:

6

(1)  individual;

7

(2)  corporation;

8

(3)  business trust;

9

(4)  estate;

10

(5)  trust;

11

(6)  partnership;

12

(7)  limited liability company;

13

(8)  association;

14

(9)  joint venture;

15

(10)  public corporation;

16

(11)  government or governmental subdivision, agency or

17

instrumentality; or

18

(12)  other legal or commercial entity.

19

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

20

been issued.

21

"Protective order."  An order appointing a conservator or

22

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

23

"Protective proceeding."  A judicial proceeding in which a

24

protective order is sought or has been issued.

25

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

26

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

27

retrievable in perceivable form.

28

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

29

appointment of a guardian is sought.

30

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

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1

Columbia, Puerto Rico, the Virgin Islands, a federally

2

recognized Indian tribe or any territory or insular possession

3

subject to the jurisdiction of the United States.

4

§ 5903.  International application of chapter.

5

A court of this Commonwealth may treat a foreign country as

6

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

7

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

8

transfer of guardianship or conservatorship) and E (relating to

9

miscellaneous provisions).

10

§ 5904.  Communication between courts.

11

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

12

communicate with a court in another state concerning a

13

proceeding arising under this chapter. The court may allow the

14

parties to participate in the communication. Except as otherwise

15

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

16

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

17

communication occurred.

18

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

19

calendars, court records and other administrative matters

20

without making a record.

21

§ 5905.  Cooperation between courts.

22

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

23

in this Commonwealth, a court of this Commonwealth may request

24

the appropriate court of another state to do any of the

25

following:

26

(1)  Hold an evidentiary hearing.

27

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

28

give testimony pursuant to procedures of that state.

29

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

30

the respondent.

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1

(4)  Order any appropriate investigation of a person

2

involved in a proceeding.

3

(5)  Forward to the court of this Commonwealth a

4

certified copy of the transcript or other record of a hearing

5

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

6

otherwise produced under paragraph (2) and any evaluation or

7

assessment prepared in compliance with an order under

8

paragraph (3) or (4).

9

(6)  Issue any order necessary to assure the appearance

10

in the proceeding of a person whose presence is necessary for

11

the court to make a determination, including the respondent

12

or the incapacitated or protected person.

13

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

14

financial, criminal or other relevant information in that

15

state, including protected health information as defined in

16

45 CFR 160.103 (relating to definitions).

17

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

18

guardianship or protective proceeding is pending requests

19

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

20

this Commonwealth has jurisdiction for the limited purpose of

21

granting the request or making reasonable efforts to comply with

22

the request.

23

§ 5906.  Taking testimony in another state.

24

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

25

proceeding, in addition to other procedures that may be

26

available, testimony of a witness who is located in another

27

state may be offered by deposition or other means allowable in

28

this Commonwealth for testimony taken in another state. The

29

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

30

witness be taken in another state and may prescribe the manner

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1

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

2

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

3

court in this Commonwealth may permit a witness located in

4

another state to be deposed or to testify by telephone or

5

audiovisual or other electronic means. A court of this

6

Commonwealth shall cooperate with the court of the other state

7

in designating an appropriate location for the deposition or

8

testimony.

9

SUBCHAPTER B

10

JURISDICTION

11

Sec.

12

5911.  Definitions; significant connection factors.

13

5912.  Exclusive basis.

14

5913.  Jurisdiction.

15

5914.  Special jurisdiction.

16

5915.  Exclusive and continuing jurisdiction.

17

5916.  Appropriate forum.

18

5917.  Jurisdiction declined by reason of conduct.

19

5918.  Notice of proceeding.

20

5919.  Proceedings in more than one state.

21

§ 5911.  Definitions; significant connection factors.

22

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

23

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

24

section unless the context clearly indicates otherwise:

25

"Emergency."  A circumstance:

26

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

27

respondent's health, safety or welfare; and

28

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

29

because no other person has authority and is willing to act

30

on the respondent's behalf.

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1

"Home state."  One of the following:

2

(1)  The state in which the respondent was physically

3

present, including any period of temporary absence, for at

4

least six consecutive months immediately before the filing of

5

a petition for a protective order or the appointment of a

6

guardian.

7

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

8

state in which the respondent was physically present,

9

including any period of temporary absence, for at least six

10

consecutive months ending within the six months prior to the

11

filing of the petition.

12

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

13

state, with which a respondent has a significant connection

14

other than mere physical presence and in which substantial

15

evidence concerning the respondent is available.

16

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

17

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

18

to transfer of guardianship or conservatorship to another state)

19

whether a respondent has a significant connection with a

20

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

21

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

22

persons required to be notified of the guardianship or

23

protective proceeding.

24

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

25

physically present in the state and the duration of any

26

absence.

27

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

28

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

29

state. This paragraph includes voting registration, state or

30

local tax return filing, vehicle registration, driver's

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1

license, social relationship and receipt of services.

2

§ 5912.  Exclusive basis.

3

This subchapter provides the exclusive jurisdictional basis

4

for a court of this Commonwealth to appoint a guardian or issue

5

a protective order for an adult.

6

§ 5913.  Jurisdiction.

7

A court of this Commonwealth has jurisdiction to appoint a

8

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

9

the following paragraphs applies:

10

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

11

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

12

following subparagraphs apply:

13

(i)  This Commonwealth is a significant-connection

14

state.

15

(ii)  One of the following clauses applies:

16

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

17

or a court of the respondent's home state has

18

declined to exercise jurisdiction because this

19

Commonwealth is a more appropriate forum.

20

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

21

for an appointment or order is not pending in a court

22

of that state or another significant-connection

23

state; and, before the court makes the appointment or

24

issues the order:

25

(I)  a petition for an appointment or order

26

is not filed in the respondent's home state;

27

(II)  an objection to the court's

28

jurisdiction is not filed by a person required to

29

be notified of the proceeding; and

30

(III)  the court in this Commonwealth

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1

concludes that it is an appropriate forum under

2

the factors set forth in section 5916 (relating

3

to appropriate forum).

4

(3)  This Commonwealth does not have jurisdiction under

5

either paragraph (1) or (2), the respondent's home state and

6

all significant-connection states have declined to exercise

7

jurisdiction because this Commonwealth is the more

8

appropriate forum and jurisdiction in this Commonwealth is

9

consistent with the Constitution of the United States and the

10

Constitution of Pennsylvania.

11

(4)  The requirements for special jurisdiction under

12

section 5914 (relating to special jurisdiction) are met.

13

§ 5914.  Special jurisdiction.

14

(a)  Scope.--A court of this Commonwealth lacking

15

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

16

jurisdiction) has special jurisdiction to do any of the

17

following:

18

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

19

exceeding 90 days for a respondent who is physically present

20

in this Commonwealth.

21

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

22

tangible personal property located in this Commonwealth.

23

(3)  Appoint a guardian or conservator for an

24

incapacitated or protected person for whom a provisional

25

order to transfer the proceeding from another state has been

26

issued under procedures similar to section 5921 (relating to

27

transfer of guardianship or conservatorship to another

28

state).

29

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

30

guardian in an emergency is brought in this Commonwealth and

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1

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

2

date the petition was filed, the court shall dismiss the

3

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

4

any, whether dismissal is requested before or after the

5

emergency appointment.

6

§ 5915.  Exclusive and continuing jurisdiction.

7

Except as otherwise provided in section 5914 (relating to

8

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

9

issued a protective order consistent with this chapter has

10

exclusive and continuing jurisdiction over the proceeding until

11

it is terminated by the court or the appointment or order

12

expires by its own terms.

13

§ 5916.  Appropriate forum.

14

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

15

Commonwealth having jurisdiction under section 5913 (relating to

16

jurisdiction) to appoint a guardian or issue a protective order

17

may decline to exercise its jurisdiction if it determines at any

18

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

19

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

20

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

21

dismiss or stay the proceeding. The court may impose any

22

condition the court considers just and proper, including the

23

condition that a petition for the appointment of a guardian or

24

issuance of a protective order be filed promptly in another

25

state.

26

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

27

appropriate forum, the court shall consider all relevant

28

factors, including:

29

(1)  any expressed preference of the respondent;

30

(2)  whether abuse, neglect or exploitation of the

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1

respondent has occurred or is likely to occur and which state

2

could best protect the respondent from the abuse, neglect or

3

exploitation;

4

(3)  the length of time the respondent was physically

5

present in or was a legal resident of this Commonwealth or

6

another state;

7

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

8

each state;

9

(5)  the financial circumstances of the respondent's

10

estate;

11

(6)  the nature and location of the evidence;

12

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

13

issue expeditiously and the procedures necessary to present

14

evidence;

15

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

16

facts and issues in the proceeding; and

17

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

18

monitor the conduct of the guardian or conservator.

19

§ 5917.  Jurisdiction declined by reason of conduct.

20

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

21

determines that it acquired jurisdiction to appoint a guardian

22

or issue a protective order because of unjustifiable conduct,

23

the court may exercise an option under any of the following

24

paragraphs:

25

(1)  Decline to exercise jurisdiction.

26

(2)  Exercise jurisdiction for the limited purpose of

27

fashioning an appropriate remedy to:

28

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

29

respondent or the protection of the respondent's

30

property; or

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1

(ii)  prevent a repetition of the unjustifiable

2

conduct, including staying the proceeding until a

3

petition for the appointment of a guardian or issuance of

4

a protective order is filed in a court of another state

5

having jurisdiction.

6

(3)  Continue to exercise jurisdiction after considering:

7

(i)  the extent to which the respondent and all

8

persons required to be notified of the proceedings have

9

acquiesced in the exercise of the court's jurisdiction;

10

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

11

court of any other state under the factors set forth in

12

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

13

(iii)  whether the court of any other state would

14

have jurisdiction under factual circumstances in

15

substantial conformity with the jurisdictional standards

16

of section 5913 (relating to jurisdiction).

17

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

18

determines that it acquired jurisdiction to appoint a guardian

19

or issue a protective order because a party seeking to invoke

20

its jurisdiction engaged in unjustifiable conduct, it may assess

21

against that party necessary and reasonable expenses, including

22

attorney fees, investigative fees, court costs, communication

23

expenses, witness fees and expenses and travel expenses. The

24

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

25

the Commonwealth, a political subdivision or an instrumentality

26

of the Commonwealth unless authorized by law other than this

27

chapter.

28

§ 5918.  Notice of proceeding.

29

If a petition for the appointment of a guardian or issuance

30

of a protective order is brought in this Commonwealth and this

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1

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

2

petition was filed, in addition to complying with the notice

3

requirements of this Commonwealth, notice of the petition must

4

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

5

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

6

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

7

required to be given in this Commonwealth.

8

§ 5919.  Proceedings in more than one state.

9

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

10

emergency or issuance of a protective order limited to property

11

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

12

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

13

appointment of a guardian or issuance of a protective order is

14

filed in this Commonwealth and in another state and neither

15

petition has been dismissed or withdrawn, all of the following

16

apply:

17

(1)  If the court in this Commonwealth has jurisdiction

18

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

19

with the case unless a court in another state acquires

20

jurisdiction under provisions similar to section 5913 before

21

the appointment or issuance of the order.

22

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

23

jurisdiction under section 5913, whether at the time the

24

petition is filed or at any time before the appointment or

25

issuance of the order, the court shall stay the proceeding

26

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

27

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

28

Commonwealth shall dismiss the petition unless the court in

29

the other state determines that the court in this

30

Commonwealth is a more appropriate forum.

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1

SUBCHAPTER C

2

TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP

3

Sec.

4

5921.  Transfer of guardianship or conservatorship to another

5

state.

6

5922.  Accepting guardianship or conservatorship transferred

7

from another state.

8

§ 5921.  Transfer of guardianship or conservatorship to another

9

state.

10

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

11

Commonwealth may petition the court to transfer the guardianship

12

or conservatorship to another state.

13

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

14

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

15

petition in this Commonwealth for the appointment of a guardian

16

or conservator.

17

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

18

filed under subsection (a):

19

(1)  on its own motion; or

20

(2)  on request of:

21

(i)  the guardian or conservator;

22

(ii)  the incapacitated or protected person; or

23

(iii)  another person required to be notified of the

24

petition.

25

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

26

an order provisionally granting a petition to transfer a

27

guardianship and shall direct the guardian to petition for

28

guardianship in the other state if the court is satisfied that

29

the guardianship will be accepted by the court in the other

30

state and the court finds that:

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1

(1)  the incapacitated person is physically present in or

2

is reasonably expected to move permanently to the other

3

state;

4

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

5

if an objection has been made, the objector has not

6

established that the transfer would be contrary to the

7

interests of the incapacitated person; and

8

(3)  plans for care and services for the incapacitated

9

person in the other state are reasonable and sufficient.

10

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

11

issue a provisional order granting a petition to transfer a

12

conservatorship and shall direct the conservator to petition for

13

conservatorship in the other state if the court is satisfied

14

that the conservatorship will be accepted by the court of the

15

other state and the court finds that:

16

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

17

reasonably expected to move permanently to the other state,

18

or the protected person has a significant connection to the

19

other state considering the factors in section 5911(b)

20

(relating to definitions; significant connection factors);

21

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

22

if an objection has been made, the objector has not

23

established that the transfer would be contrary to the

24

interests of the protected person; and

25

(3)  adequate arrangements will be made for management of

26

the protected person's property.

27

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

28

confirming the transfer and terminating the guardianship or

29

conservatorship upon its receipt of:

30

(1)  a provisional order accepting the proceeding from

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1

the court to which the proceeding is to be transferred which

2

is issued under provisions similar to section 5922 (relating

3

to accepting guardianship or conservatorship transferred from

4

another state); and

5

(2)  the documents required to terminate a guardianship

6

or conservatorship in this Commonwealth.

7

§ 5922.  Accepting guardianship or conservatorship transferred

8

from another state.

9

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

10

conservatorship transferred to this Commonwealth under

11

provisions similar to section 5921 (relating to transfer of

12

guardianship or conservatorship to another state), the guardian

13

or conservator must petition the court in this Commonwealth to

14

accept the guardianship or conservatorship. The petition must

15

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

16

of transfer.

17

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

18

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

19

the petition were a petition for the appointment of a guardian

20

or issuance of a protective order in both the transferring state

21

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

22

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

23

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

24

filed under subsection (a):

25

(1)  on its own motion; or

26

(2)  on request of:

27

(i)  the guardian or conservator;

28

(ii)  the incapacitated or protected person; or

29

(iii)  another person required to be notified of the

30

petition.

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1

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

2

provisionally granting a petition filed under subsection (a)

3

unless:

4

(1)  an objection is made and the objector establishes

5

that transfer of the proceeding would be contrary to the

6

interests of the incapacitated or protected person; or

7

(2)  the guardian or conservator is ineligible for

8

appointment in this Commonwealth.

9

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

10

accepting the proceeding and appointing the guardian or

11

conservator as guardian or conservator in this Commonwealth upon

12

its receipt from the court from which the proceeding is being

13

transferred of a final order issued under provisions similar to

14

section 5921 transferring the proceeding to this Commonwealth.

15

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

16

a final order accepting transfer of a guardianship or

17

conservatorship, the court shall determine whether the

18

guardianship or conservatorship requires modification to conform

19

to the laws of this Commonwealth.

20

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

21

petition under this section, the court shall recognize a

22

guardianship or conservatorship order from the other state,

23

including the determination of the incapacitated or protected

24

person's incapacity and the appointment of the guardian or

25

conservator.

26

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

27

Commonwealth of a petition to accept a guardianship or

28

conservatorship transferred from another state does not affect

29

the ability of the guardian or conservator to seek appointment

30

as guardian or conservator in this Commonwealth under Chapter 55

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1

(relating to incapacitated persons) if the court has

2

jurisdiction to make an appointment other than by reason of the

3

provisional order of transfer.

4

SUBCHAPTER D

5

REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES

6

Sec.

7

5931.  Registration of guardianship orders.

8

5932.  Registration of protective orders.

9

5933.  Effect of registration.

10

§ 5931.  Registration of guardianship orders.

11

If a guardian has been appointed in another state and a

12

petition for the appointment of a guardian is not pending in

13

this Commonwealth, the guardian appointed in the other state,

14

after giving notice to the appointing court of an intent to

15

register, may register the guardianship order in this

16

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

17

appropriate judicial district of this Commonwealth, certified

18

copies of the order and letters of office.

19

§ 5932.  Registration of protective orders.

20

If a conservator has been appointed in another state and a

21

petition for a protective order is not pending in this

22

Commonwealth, the conservator appointed in the other state,

23

after giving notice to the appointing court of an intent to

24

register, may register the protective order in this Commonwealth

25

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

26

in any judicial district in which property belonging to the

27

protected person is located, certified copies of the order and

28

letters of office and of any bond.

29

§ 5933.  Effect of registration.

30

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

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1

protective order from another state, the guardian or conservator

2

may exercise in this Commonwealth all powers authorized in the

3

order of appointment except as prohibited under the laws of this

4

Commonwealth, including maintaining actions and proceedings in

5

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

6

resident of this Commonwealth, subject to any conditions imposed

7

upon nonresident parties.

8

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

9

grant any relief available under this chapter and other law of

10

this Commonwealth to enforce a registered order.

11

SUBCHAPTER E

12

MISCELLANEOUS PROVISIONS

13

Sec.

14

5991.  Uniformity of application and construction.

15

5992.  Relation to Electronic Signatures in Global and National

16

Commerce Act.

17

§ 5991.  Uniformity of application and construction.

18

In applying and construing this uniform act, consideration

19

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

20

respect to its subject matter among states that enact it.

21

§ 5992.  Relation to Electronic Signatures in Global and

22

National Commerce Act.

23

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

24

this chapter modifies, limits or supersedes the Electronic

25

Signatures in Global and National Commerce Act (Public Law

26

106-229, 15 U.S.C. § 7001 et seq.).

27

(b)  Exceptions.--

28

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

29

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

30

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

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1

(2)  This chapter does not authorize electronic delivery

2

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

3

Electronic Signatures in Global and National Commerce Act (15

4

U.S.C. § 7003(b)).

5

Section 2.  Applicability is as follows:

6

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

7

Ch. 59 applies to guardianship and protective proceedings

8

begun on or after the effective date of this act.

9

(2)  The addition of the following provisions of 20

10

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

11

effective date of this section, regardless of whether a

12

guardianship or protective order has been issued:

13

(i)  Subchapter A.

14

(ii)  Subchapter C.

15

(iii)  Subchapter D.

16

(iv)  Subchapter E.

17

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

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