By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Guardianship Lawyer
The UAGPPJA Act has been introduced in New Jersey among other states. It’s about time. Oftentimes, problems with a guardianship develop even without a guardianship dispute. When everyone agrees that an already existing guardianship or conservatorship should be moved to another state, few states have a streamlined procedure for transferring guardianship to another state or for accepting such a transfer. In most states, all of the procedures for an original guardianship appointment must be repeated, a time consuming and expensive prospect. Article 3 of the UAGPPJA is designed to provide an expedited process for making guardianship transfers to another state, thereby avoiding the need to re-litigate incapacity and/or whether the guardian or conservator appointed in the first state was an appropriate selection.
It’s a significant development in guardianship law that recognizes the problems of Out-of-State Recognition of existing guardianship judgment. The Full Faith and Credit Clause of the United States Constitution require that court orders in one state be honored in another state. But there are exceptions to the full faith and credit of which guardianship or protective orders issued in another state are one.
Article 4 of the UAGPPJA creates a registration procedure. Following registration of the guardianship or protective order in the second state, the guardian may exercise in the second state all powers authorized in the original state’s order/judgment of guardianship except for powers that cannot be legally exercised in the second state.
Contact me personally today to discuss your New Jersey guardianship matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or e-mail me at firstname.lastname@example.org.