uniform adult guardianship and protective proceedings jurisdiction act

(b) If a court of another state in which a guardianship or protective proceeding is pendingrequests assistance of the kind provided in subsection (a), a court of this state has jurisdiction forthe limited purpose of granting the request or making reasonable efforts to comply with therequest.Legislative Note: A state that permits dynamic references to federal law should delete thebrackets in subsection (a)(7). A state that requires that a reference to federal law be to that lawon a specific date should delete the brackets and bracketed material, insert a specific date, andperiodically update the reference.CommentSubsection (a) of this section is similar to Section 112(a) of the Uniform Child CustodyJurisdiction and Enforcement Act (1997), although modified to address issues of concern inadult guardianship and protective proceedings and with the addition of subsection (a)(7), whichaddresses the release of health information protected under HIPAA. Subsection (b), whichclarifies that a court has jurisdiction to respond to requests for assistance from courts in otherstates even though it might otherwise not have jurisdiction over the proceeding, is not found inalthough probably implicit in the UCCJEA.Court cooperation is essential to the success of this Act. This section is designed tofacilitate such court cooperation. It provides mechanisms for courts to cooperate with each otherin order to decide cases in an efficient manner without causing undue expense to the parties.Courts may request assistance from courts of other states and may assist courts of other states.Typically, such assistance will be requested to resolve a jurisdictional issue arising under Article2 or an issue concerning a transfer proceeding under Article 3.This section does not address assessment of costs and expenses, leaving that issue tolocal law. Should a court have acquired jurisdiction because of a party’s unjustifiable conduct,Section 207(b) authorizes the court to assess against the party all costs and expenses, includingattorney’s fees.SECTION 106. TAKING TESTIMONY IN ANOTHER STATE.(a) In a guardianship or protective proceeding, in addition to other procedures that maybe available, testimony of a witness who is located in another state may be offered by depositionor other means allowable in this state for testimony taken in another state. The court on its ownmotion may order that the testimony of a witness be taken in another state and may prescribe the12