uniform adult guardianship and protective proceedings jurisdiction act

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ad litem, who is ordinarily appointed by the court to represent a person or conduct aninvestigation in a specified legal proceeding.Section 102 is not the sole definitional section in the Act. Section 201 containsdefinitions of important terms used only in Article 2. These are the definitions of “emergency”(Section 201(1)), “home state” (Section 201(2)), and “significant-connection state” (Section201(3)).SECTION 103. INTERNATIONAL APPLICATION OF [ACT]. A court of thisstate may treat a foreign country as if it were a state for the purpose of applying this [article] and[Articles] 2, 3, and 5.CommentThis section addresses application of the Act to guardianship and protective orders issuedin other countries. A foreign order is not enforceable pursuant to the registration procedures ofArticle 4, but a court in this country may otherwise apply this Act to a foreign proceeding as ifthe foreign country were an American state. Consequently, a court may conclude that the courtin the foreign country has jurisdiction because it constitutes the respondent’s “home state” or“significant-connection state” and may therefore decline to exercise jurisdiction on the groundthat the court of the foreign country has a higher priority under Section 203. Or the court maytreat the foreign country as if it were a state of the United States for purposes of applying thetransfer provisions of Article 3.This section addresses similar issues to but differs in result from Section 105 of theUniform Child Custody Jurisdiction and Enforcement Act (1997). Under the UCCJEA, theUnited States court must honor a custody order issued by the court of a foreign country if theorder was issued under factual circumstances in substantial conformity with the jurisdictionalstandards of the UCCJEA. Only if the child custody law violates fundamental principles ofhuman rights is enforcement excused. Because guardianship regimes vary so greatly around theworld, particularly in civil law countries, it was concluded that under this Act a more flexibleapproach was needed. Under this Act, a court may but is not required to recognize the foreignorder.The fact that a guardianship or protective order of a foreign country cannot be enforcedpursuant to the registration procedures of Article 4 does not preclude enforcement by the courtunder some other provision or rule of law.SECTION 104. COMMUNICATION BETWEEN COURTS.[(a)] A court of this state may communicate with a court in another state concerning aproceeding arising under this [act]. The court may allow the parties to participate in the9
communication. [Except as otherwise provided in subsection (b), the court shall make a recordof the communication. The record may be limited to the fact that the communication occurred.(b) Courts may communicate concerning schedules, calendars, court records, and otheradministrative matters without making a record.]Legislative Note: An enacting state is encouraged to enact the bracketed language so that arecord will be created of the communication with the other court, even thought the record islimited to the fact that the communication occurred. In some states, however, a legislativeenactment directing when a court must make a record in a judicial proceeding may violate theseparation of powers doctrine. Such states are encouraged to achieve the objectives of thebracketed language by promulgating a comparable requirement by judicial rule.CommentThis section emphasizes the importance of communications among courts with aninterest in a particular matter. Most commonly, this would include communication betweencourts of different states to resolve an issue of which court has jurisdiction to proceed underArticle 2. It would also include communication between courts of different states to facilitatethe transfer of a guardianship or conservatorship to a different state under Article 3.Communication can occur in a variety of ways, including by electronic means. This section doesnot prescribe the use of any particular means of communication.The court may authorize the parties to participate in the communication. But the Actdoes not mandate participation or require that the court give the parties notice of anycommunication. Communication between courts is often difficult to schedule and participationby the parties may be impractical. Phone calls or electronic communications often have to bemade after-hours or whenever the schedules of judges allow. When issuing a jurisdictional ortransfer order, the court should set forth the extent to which a communication with another courtmay have been a factor in the decision.This section includes brackets around the language relating to whether a record must bemade of any communication with the court of the other state. As indicated by the LegislativeNote to this section, the language is bracketed because of a concern in some states that alegislative enactment directing when a court must make a record in a judicial proceeding mayviolate the doctrine on separation of powers. The language is not bracketed because the draftersconcluded that the making of a record is not important. Rather, if concerns about separation ofpowers leads to the deletion of the bracketed language, the enacting state is encouraged toachieve the objectives of the bracketed language by promulgating a comparable provision byjudicial rule.This section does not prescribe the extent of the record that the court must make, leavingthat issue to the court. A record might include notes or transcripts of a court reporter who10
Page 2 and 3: ABOUT NCCUSLThe National Conference
Page 4 and 5: UNIFORM ADULT GUARDIANSHIP AND PROT
Page 9: petition for an appointment or orde
Page 12 and 13: protective proceedings statute].(3)
Page 16 and 17: listened to a conference call betwe
Page 18 and 19: manner in which and the terms upon
Page 20 and 21: [ARTICLE] 2JURISDICTIONGeneral Comm
Page 22 and 23: this section and not in Section 102
Page 24 and 25: home state;to be notified of the pr
Page 26 and 27: (1) appoint a guardian in an emerge
Page 28 and 29: substantial evidence. Section 203 o
Page 30 and 31: Enforcement Act (1997) except that
Page 32 and 33: notice requirements of this state,
Page 34 and 35: [ARTICLE] 3TRANSFER OF GUARDIANSHIP
Page 36 and 37: (b) Notice of a petition under subs
Page 38 and 39: court shall hold a hearing on a pet
Page 40 and 41: in a court of this state, in any [c
Page 42: [the effective date], regardless of

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