HB 2105 -- Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act

Sponsor:  Cooper (155)

This bill establishes the Uniform Adult Guardianship and
Protective Proceedings Jurisdiction Act to resolve interstate
jurisdiction problems in guardianship and conservatorship
appointments and proceedings.  In its main provisions, the bill:

(1)  Defines "guardian" as a person appointed by the court to
make decisions for an incapacitated adult and "conservator" as a
person appointed by the court to administer the property of an
incapacitated adult;

(2)  Prioritizes the courts of different states which might claim
jurisdiction in a guardianship or conservatorship matter by
granting primary jurisdiction as the home state to any state
where the adult has lived for at least six consecutive months
immediately preceding the initiation of the adult guardianship
proceeding.  Secondary jurisdiction is given to any state that
has a significant connection to the incapacitated adult which
includes a state where the individual's family lives, a state
where the adult may have lived for many years, or the state where
the individual's property is located; and

(3)  Allows any court that has appointed a guardian or
conservator under proper jurisdiction to retain the matter until
the proceeding is terminated or transferred.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm