|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning civil law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Article 1. General Provisions | ||||||
5 | Section 101. Short title. This Act may be cited as the | ||||||
6 | Uniform Adult Guardianship and Protective Proceedings | ||||||
7 | Jurisdiction Act. | ||||||
8 | Section 102. Definitions. In this Act: | ||||||
9 | (1) "Adult" means an individual who has attained 18 years | ||||||
10 | of age. | ||||||
11 | (2) "Conservator" means a person appointed by the court to | ||||||
12 | administer the property of an adult, including a person | ||||||
13 | appointed under the Probate Act of 1975. | ||||||
14 | (3) "Guardian" means a person appointed by the court to | ||||||
15 | make decisions regarding the person of an adult, including a | ||||||
16 | person appointed under the Probate Act of 1975. | ||||||
17 | (4) "Guardianship order" means an order appointing a | ||||||
18 | guardian. | ||||||
19 | (5) "Guardianship proceeding" means a judicial proceeding | ||||||
20 | in which an order for the appointment of a guardian is sought | ||||||
21 | or has been issued. | ||||||
22 | (6) "Incapacitated person" means an adult for whom a |
| |||||||
| |||||||
1 | guardian has been appointed. | ||||||
2 | (7) "Party" means the respondent, petitioner, guardian, | ||||||
3 | conservator, or any other person allowed by the court to | ||||||
4 | participate in a guardianship or protective proceeding. | ||||||
5 | (8) "Person", except in the term incapacitated person or | ||||||
6 | protected person, means an individual, corporation, business | ||||||
7 | trust, estate, trust, partnership, limited liability company, | ||||||
8 | association, joint venture, public corporation, government or | ||||||
9 | governmental subdivision, agency, or instrumentality, or any | ||||||
10 | other legal or commercial entity. | ||||||
11 | (9) "Protected person" means an adult for whom a protective | ||||||
12 | order has been issued. | ||||||
13 | (10) "Protective order" means an order appointing a | ||||||
14 | conservator or other order related to management of an adult's | ||||||
15 | property. | ||||||
16 | (11) "Protective proceeding" means a judicial proceeding | ||||||
17 | in which a protective order is sought or has been issued. | ||||||
18 | (12) "Record" means information that is inscribed on a | ||||||
19 | tangible medium or that is stored in an electronic or other | ||||||
20 | medium and is retrievable in perceivable form. | ||||||
21 | (13) "Respondent" means an adult for whom a protective | ||||||
22 | order or the appointment of a guardian is sought. | ||||||
23 | (14) "State" means a state of the United States, the | ||||||
24 | District of Columbia, Puerto Rico, the United States Virgin | ||||||
25 | Islands, a federally recognized Indian tribe, or any territory | ||||||
26 | or insular possession subject to the jurisdiction of the United |
| |||||||
| |||||||
1 | States.
| ||||||
2 | Section 103. International application of Act. A court of | ||||||
3 | this state may treat a foreign country as if it were a state | ||||||
4 | for the purpose of applying this Article and Articles 2, 3, and | ||||||
5 | 5. | ||||||
6 | Section 104. Communication between courts. | ||||||
7 | (a) A court of this state may communicate with a court in | ||||||
8 | another state concerning a proceeding arising under this Act. | ||||||
9 | The court may allow the parties to participate in the | ||||||
10 | communication. Except as otherwise provided in subsection (b), | ||||||
11 | the court shall make a record of the communication. The record | ||||||
12 | may be limited to the fact that the communication occurred. | ||||||
13 | (b) Courts may communicate concerning schedules, | ||||||
14 | calendars, court records, and other administrative matters | ||||||
15 | without making a record.
| ||||||
16 | Section 105. Cooperation between courts. | ||||||
17 | (a) In a guardianship or protective proceeding in this | ||||||
18 | state, a court of this state may request the appropriate court | ||||||
19 | of another state to do any of the following: | ||||||
20 | (1) hold an evidentiary hearing; | ||||||
21 | (2) order a person in that state to produce evidence or | ||||||
22 | give testimony pursuant to procedures of that state; | ||||||
23 | (3) order that an evaluation or assessment be made of |
| |||||||
| |||||||
1 | the respondent; | ||||||
2 | (4) order any appropriate investigation of a person | ||||||
3 | involved in a proceeding; | ||||||
4 | (5) forward to the court of this state a certified copy | ||||||
5 | of the transcript or other record of a hearing under | ||||||
6 | paragraph (1) or any other proceeding, any evidence | ||||||
7 | otherwise produced under paragraph (2), and any evaluation | ||||||
8 | or assessment prepared in compliance with an order under | ||||||
9 | paragraph (3) or (4); | ||||||
10 | (6) issue any order necessary to assure the appearance | ||||||
11 | in the proceeding of a person whose presence is necessary | ||||||
12 | for the court to make a determination, including the | ||||||
13 | respondent or the incapacitated or protected person; | ||||||
14 | (7) issue an order authorizing the release of medical, | ||||||
15 | financial, criminal, or other relevant information in that | ||||||
16 | state, including protected health information as defined | ||||||
17 | in 45 C.F.R. Section 164.504. | ||||||
18 | (b) If a court of another state in which a guardianship or | ||||||
19 | protective proceeding is pending requests assistance of the | ||||||
20 | kind provided in subsection (a), a court of this state has | ||||||
21 | jurisdiction for the limited purpose of granting the request or | ||||||
22 | making reasonable efforts to comply with the request.
| ||||||
23 | Section 106. Taking testimony in another state. | ||||||
24 | (a) In a guardianship or protective proceeding, in addition | ||||||
25 | to other procedures that may be available, testimony of a |
| |||||||
| |||||||
1 | witness who is located in another state may be offered by | ||||||
2 | deposition or other means allowable in this state for testimony | ||||||
3 | taken in another state. The court on its own motion may order | ||||||
4 | that the testimony of a witness be taken in another state and | ||||||
5 | may prescribe the manner in which and the terms upon which the | ||||||
6 | testimony is to be taken. | ||||||
7 | (b) In a guardianship or protective proceeding, a court in | ||||||
8 | this state may permit a witness located in another state to be | ||||||
9 | deposed or to testify by telephone or audiovisual or other | ||||||
10 | electronic means. A court of this state shall cooperate with | ||||||
11 | the court of the other state in designating an appropriate | ||||||
12 | location for the deposition or testimony. | ||||||
13 | (c) Documentary evidence transmitted from another state to | ||||||
14 | a court of this state by technological means that do not | ||||||
15 | produce an original writing may not be excluded from evidence | ||||||
16 | on an objection based on the best evidence rule.
| ||||||
17 | Article 2. Jurisdiction | ||||||
18 | Section 201. Definitions; significant connection factors. | ||||||
19 | (a) In this Article: | ||||||
20 | (1) "Emergency" means a circumstance that likely will | ||||||
21 | result in substantial harm to a respondent's health, | ||||||
22 | safety, or welfare, and for which the appointment of a | ||||||
23 | guardian is necessary because no other person has authority | ||||||
24 | and is willing to act on the respondent's behalf. |
| |||||||
| |||||||
1 | (2) "Home state" means the state in which the | ||||||
2 | respondent was physically present, including any period of | ||||||
3 | temporary absence, for at least six consecutive months | ||||||
4 | immediately before the filing of a petition for a | ||||||
5 | protective order or the appointment of a guardian; or if | ||||||
6 | none, the state in which the respondent was physically | ||||||
7 | present, including any period of temporary absence, for at | ||||||
8 | least six consecutive months ending within the six months | ||||||
9 | prior to the filing of the petition. | ||||||
10 | (3) "Significant-connection state" means a state, | ||||||
11 | other than the home state, with which a respondent has a | ||||||
12 | significant connection other than mere physical presence | ||||||
13 | and in which substantial evidence concerning the | ||||||
14 | respondent is available. | ||||||
15 | (b) In determining under Section 203 and Section 301(e) | ||||||
16 | whether a respondent has a significant connection with a | ||||||
17 | particular state, the court shall consider: | ||||||
18 | (1) the location of the respondent's family and other | ||||||
19 | persons required to be notified of the guardianship or | ||||||
20 | protective proceeding; | ||||||
21 | (2) the length of time the respondent at any time was | ||||||
22 | physically present in the state and the duration of any | ||||||
23 | absence; | ||||||
24 | (3) the location of the respondent's property; and | ||||||
25 | (4) the extent to which the respondent has ties to the | ||||||
26 | state such as voting registration, state or local tax |
| |||||||
| |||||||
1 | return filing, vehicle registration, driver's license, | ||||||
2 | social relationship, and receipt of services.
| ||||||
3 | Section 202. Exclusive basis. This Article provides the | ||||||
4 | exclusive jurisdictional basis for a court of this state to | ||||||
5 | appoint a guardian or issue a protective order for an adult. | ||||||
6 | Section 203. Jurisdiction. A court of this state has | ||||||
7 | jurisdiction to appoint a guardian or issue a protective order | ||||||
8 | for a respondent if: | ||||||
9 | (1) this state is the respondent's home state; | ||||||
10 | (2) on the date the petition is filed, this state is a | ||||||
11 | significant-connection state and: | ||||||
12 | (A) the respondent does not have a home state or a | ||||||
13 | court of the respondent's home state has declined to | ||||||
14 | exercise jurisdiction because this state is a more | ||||||
15 | appropriate forum; or | ||||||
16 | (B) the respondent has a home state, a petition for | ||||||
17 | an appointment or order is not pending in a court of | ||||||
18 | that state or another significant-connection state, | ||||||
19 | and, before the court makes the appointment or issues | ||||||
20 | the order: | ||||||
21 | (i) a petition for an appointment or order is | ||||||
22 | not filed in the respondent's home state; | ||||||
23 | (ii) an objection to the court's jurisdiction | ||||||
24 | is not filed by a person required to be notified of |
| |||||||
| |||||||
1 | the proceeding; and | ||||||
2 | (iii) the court in this state concludes that it | ||||||
3 | is an appropriate forum under the factors set forth | ||||||
4 | in Section 206; | ||||||
5 | (3) this state does not have jurisdiction under either | ||||||
6 | paragraph (1) or (2), the respondent's home state and all | ||||||
7 | significant-connection states have declined to exercise | ||||||
8 | jurisdiction because this state is the more appropriate | ||||||
9 | forum, and jurisdiction in this state is consistent with | ||||||
10 | the constitutions of this state and the United States; or | ||||||
11 | (4) the requirements for special jurisdiction under | ||||||
12 | Section 204 are met.
| ||||||
13 | Section 204. Special jurisdiction. | ||||||
14 | (a) A court of this state lacking jurisdiction under | ||||||
15 | Section 203(1) through (3) has special jurisdiction to do any | ||||||
16 | of the following: | ||||||
17 | (1) appoint a guardian in an emergency for a term not | ||||||
18 | exceeding 90 days for a respondent who is physically | ||||||
19 | present in this state; | ||||||
20 | (2) issue a protective order with respect to real or | ||||||
21 | tangible personal property located in this state; | ||||||
22 | (3) appoint a guardian or conservator for an | ||||||
23 | incapacitated or protected person for whom a provisional | ||||||
24 | order to transfer the proceeding from another state has | ||||||
25 | been issued under procedures similar to Section 301. |
| |||||||
| |||||||
1 | (b) If a petition for the appointment of a guardian in an | ||||||
2 | emergency is brought in this state and this state was not the | ||||||
3 | respondent's home state on the date the petition was filed, the | ||||||
4 | court shall dismiss the proceeding at the request of the court | ||||||
5 | of the home state, if any, whether dismissal is requested | ||||||
6 | before or after the emergency appointment.
| ||||||
7 | Section 205. Exclusive and continuing jurisdiction. Except | ||||||
8 | as otherwise provided in Section 204, a court that has | ||||||
9 | appointed a guardian or issued a protective order consistent | ||||||
10 | with this Act has exclusive and continuing jurisdiction over | ||||||
11 | the proceeding until it is terminated by the court or the | ||||||
12 | appointment or order expires by its own terms. | ||||||
13 | Section 206. Appropriate forum. | ||||||
14 | (a) A court of this state having jurisdiction under Section | ||||||
15 | 203 to appoint a guardian or issue a protective order may | ||||||
16 | decline to exercise its jurisdiction if it determines at any | ||||||
17 | time that a court of another state is a more appropriate forum. | ||||||
18 | (b) If a court of this state declines to exercise its | ||||||
19 | jurisdiction under subsection (a), it shall either dismiss or | ||||||
20 | stay the proceeding. The court may impose any condition the | ||||||
21 | court considers just and proper, including the condition that a | ||||||
22 | petition for the appointment of a guardian or issuance of a | ||||||
23 | protective order be filed promptly in another state. | ||||||
24 | (c) In determining whether it is an appropriate forum, the |
| |||||||
| |||||||
1 | court shall consider all relevant factors, including: | ||||||
2 | (1) any expressed preference of the respondent; | ||||||
3 | (2) whether abuse, neglect, or exploitation of the | ||||||
4 | respondent has occurred or is likely to occur and which | ||||||
5 | state could best protect the respondent from the abuse, | ||||||
6 | neglect, or exploitation; | ||||||
7 | (3) the length of time the respondent was physically | ||||||
8 | present in or was a legal resident of this or another | ||||||
9 | state; | ||||||
10 | (4) the distance of the respondent from the court in | ||||||
11 | each state; | ||||||
12 | (5) the financial circumstances of the respondent's | ||||||
13 | estate; | ||||||
14 | (6) the nature and location of the evidence; | ||||||
15 | (7) the ability of the court in each state to decide | ||||||
16 | the issue expeditiously and the procedures necessary to | ||||||
17 | present evidence; | ||||||
18 | (8) the familiarity of the court of each state with the | ||||||
19 | facts and issues in the proceeding; and | ||||||
20 | (9) if an appointment were made, the court's ability to | ||||||
21 | monitor the conduct of the guardian or conservator.
| ||||||
22 | Section 207. Jurisdiction declined by reason of conduct. | ||||||
23 | (a) If at any time a court of this state determines that it | ||||||
24 | acquired jurisdiction to appoint a guardian or issue a | ||||||
25 | protective order because of unjustifiable conduct, the court |
| |||||||
| |||||||
1 | may: | ||||||
2 | (1) decline to exercise jurisdiction; | ||||||
3 | (2) exercise jurisdiction for the limited purpose of | ||||||
4 | fashioning an appropriate remedy to ensure the health, | ||||||
5 | safety, and welfare of the respondent or the protection of | ||||||
6 | the respondent's property or prevent a repetition of the | ||||||
7 | unjustifiable conduct, including staying the proceeding | ||||||
8 | until a petition for the appointment of a guardian or | ||||||
9 | issuance of a protective order is filed in a court of | ||||||
10 | another state having jurisdiction; or | ||||||
11 | (3) continue to exercise jurisdiction after | ||||||
12 | considering: | ||||||
13 | (A) the extent to which the respondent and all | ||||||
14 | persons required to be notified of the proceedings have | ||||||
15 | acquiesced in the exercise of the court's | ||||||
16 | jurisdiction; | ||||||
17 | (B) whether it is a more appropriate forum than the | ||||||
18 | court of any other state under the factors set forth in | ||||||
19 | Section 206(c); and | ||||||
20 | (C) whether the court of any other state would have | ||||||
21 | jurisdiction under factual circumstances in | ||||||
22 | substantial conformity with the jurisdictional | ||||||
23 | standards of Section 203. | ||||||
24 | (b) If a court of this state determines that it acquired | ||||||
25 | jurisdiction to appoint a guardian or issue a protective order | ||||||
26 | because a party seeking to invoke its jurisdiction engaged in |
| |||||||
| |||||||
1 | unjustifiable conduct, it may assess against that party | ||||||
2 | necessary and reasonable expenses, including attorney's fees, | ||||||
3 | investigative fees, court costs, communication expenses, | ||||||
4 | witness fees and expenses, and travel expenses. The court may | ||||||
5 | not assess fees, costs, or expenses of any kind against this | ||||||
6 | state or a governmental subdivision, agency, or | ||||||
7 | instrumentality of this state unless authorized by law other | ||||||
8 | than this Act.
| ||||||
9 | Section 208. Notice of proceeding. If a petition for the | ||||||
10 | appointment of a guardian or issuance of a protective order is | ||||||
11 | brought in this state and this state was not the respondent's | ||||||
12 | home state on the date the petition was filed, in addition to | ||||||
13 | complying with the notice requirements of this state, notice of | ||||||
14 | the petition must be given to those persons who would be | ||||||
15 | entitled to notice of the petition if a proceeding were brought | ||||||
16 | in the respondent's home state. The notice must be given in the | ||||||
17 | same manner as notice is required to be given in this state. | ||||||
18 | Section 209. Proceedings in more than one state. Except for | ||||||
19 | a petition for the appointment of a guardian in an emergency or | ||||||
20 | issuance of a protective order limited to property located in | ||||||
21 | this state under Section 204(a)(1) or (a)(2), if a petition for | ||||||
22 | the appointment of a guardian or issuance of a protective order | ||||||
23 | is filed in this state and in another state and neither | ||||||
24 | petition has been dismissed or withdrawn, the following rules |
| |||||||
| |||||||
1 | apply: | ||||||
2 | (1) If the court in this state has jurisdiction under | ||||||
3 | Section 203, it may proceed with the case unless a court in | ||||||
4 | another state acquires jurisdiction under provisions | ||||||
5 | similar to Section 203 before the appointment or issuance | ||||||
6 | of the order. | ||||||
7 | (2) If the court in this state does not have | ||||||
8 | jurisdiction under Section 203, whether at the time the | ||||||
9 | petition is filed or at any time before the appointment or | ||||||
10 | issuance of the order, the court shall stay the proceeding | ||||||
11 | and communicate with the court in the other state. If the | ||||||
12 | court in the other state has jurisdiction, the court in | ||||||
13 | this state shall dismiss the petition unless the court in | ||||||
14 | the other state determines that the court in this state is | ||||||
15 | a more appropriate forum.
| ||||||
16 | Article 3. Transfer of Guardianship or Conservatorship | ||||||
17 | Section 301. Transfer of guardianship or conservatorship | ||||||
18 | to another state. | ||||||
19 | (a) A guardian or conservator appointed in this state may | ||||||
20 | petition the court to transfer the guardianship or | ||||||
21 | conservatorship to another state. | ||||||
22 | (b) Notice of a petition under subsection (a) must be given | ||||||
23 | to the persons that would be entitled to notice of a petition | ||||||
24 | in this state for the appointment of a guardian or conservator. |
| |||||||
| |||||||
1 | (c) On the court's own motion or on request of the guardian | ||||||
2 | or conservator, the incapacitated or protected person, or other | ||||||
3 | person required to be notified of the petition, the court shall | ||||||
4 | hold a hearing on a petition filed pursuant to subsection (a). | ||||||
5 | (d) The court shall issue an order provisionally granting a | ||||||
6 | petition to transfer a guardianship and shall direct the | ||||||
7 | guardian to petition for guardianship in the other state if the | ||||||
8 | court is satisfied that the guardianship will be accepted by | ||||||
9 | the court in the other state and the court finds that: | ||||||
10 | (1) the incapacitated person is physically present in | ||||||
11 | or is reasonably expected to move permanently to the other | ||||||
12 | state; | ||||||
13 | (2) an objection to the transfer has not been made or, | ||||||
14 | if an objection has been made, the objector has not | ||||||
15 | established that the transfer would be contrary to the | ||||||
16 | interests of the incapacitated person; and | ||||||
17 | (3) plans for care and services for the incapacitated | ||||||
18 | person in the other state are reasonable and sufficient. | ||||||
19 | (e) The court shall issue a provisional order granting a | ||||||
20 | petition to transfer a conservatorship and shall direct the | ||||||
21 | conservator to petition for conservatorship in the other state | ||||||
22 | if the court is satisfied that the conservatorship will be | ||||||
23 | accepted by the court of the other state and the court finds | ||||||
24 | that: | ||||||
25 | (1) the protected person is physically present in or is | ||||||
26 | reasonably expected to move permanently to the other state, |
| |||||||
| |||||||
1 | or the protected person has a significant connection to the | ||||||
2 | other state considering the factors in Section 201(b); | ||||||
3 | (2) an objection to the transfer has not been made or, | ||||||
4 | if an objection has been made, the objector has not | ||||||
5 | established that the transfer would be contrary to the | ||||||
6 | interests of the protected person; and | ||||||
7 | (3) adequate arrangements will be made for management | ||||||
8 | of the protected person's property. | ||||||
9 | (f) The court shall issue a final order confirming the | ||||||
10 | transfer and terminating the guardianship or conservatorship | ||||||
11 | upon its receipt of: | ||||||
12 | (1) a provisional order accepting the proceeding from | ||||||
13 | the court to which the proceeding is to be transferred | ||||||
14 | which is issued under provisions similar to Section 302; | ||||||
15 | and | ||||||
16 | (2) the documents required to terminate a guardianship | ||||||
17 | or conservatorship in this state.
| ||||||
18 | Section 302. Accepting guardianship or conservatorship | ||||||
19 | transferred from another state. | ||||||
20 | (a) To confirm transfer of a guardianship or | ||||||
21 | conservatorship transferred to this state under provisions | ||||||
22 | similar to Section 301, the guardian or conservator must | ||||||
23 | petition the court in this state to accept the guardianship or | ||||||
24 | conservatorship. The petition must include a certified copy of | ||||||
25 | the other state's provisional order of transfer. |
| |||||||
| |||||||
1 | (b) Notice of a petition under subsection (a) must be given | ||||||
2 | to those persons that would be entitled to notice if the | ||||||
3 | petition were a petition for the appointment of a guardian or | ||||||
4 | issuance of a protective order in both the transferring state | ||||||
5 | and this state. The notice must be given in the same manner as | ||||||
6 | notice is required to be given in this state. | ||||||
7 | (c) On the court's own motion or on request of the guardian | ||||||
8 | or conservator, the incapacitated or protected person, or other | ||||||
9 | person required to be notified of the proceeding, the court | ||||||
10 | shall hold a hearing on a petition filed pursuant to subsection | ||||||
11 | (a). | ||||||
12 | (d) The court shall issue an order provisionally granting a | ||||||
13 | petition filed under subsection (a) unless: | ||||||
14 | (1) an objection is made and the objector establishes | ||||||
15 | that transfer of the proceeding would be contrary to the | ||||||
16 | interests of the incapacitated or protected person; or | ||||||
17 | (2) the guardian or conservator is ineligible for | ||||||
18 | appointment in this state. | ||||||
19 | (e) The court shall issue a final order accepting the | ||||||
20 | proceeding and appointing the guardian or conservator as | ||||||
21 | guardian or conservator in this state upon its receipt from the | ||||||
22 | court from which the proceeding is being transferred of a final | ||||||
23 | order issued under provisions similar to Section 301 | ||||||
24 | transferring the proceeding to this state. | ||||||
25 | (f) Not later than 90 days after issuance of a final order | ||||||
26 | accepting transfer of a guardianship or conservatorship, the |
| |||||||
| |||||||
1 | court shall determine whether the guardianship or | ||||||
2 | conservatorship needs to be modified to conform to the law of | ||||||
3 | this state. | ||||||
4 | (g) In granting a petition under this Section, the court | ||||||
5 | shall recognize a guardianship or conservatorship order from | ||||||
6 | the other state, including the determination of the | ||||||
7 | incapacitated or protected person's incapacity and the | ||||||
8 | appointment of the guardian or conservator. | ||||||
9 | (h) The denial by a court of this state of a petition to | ||||||
10 | accept a guardianship or conservatorship transferred from | ||||||
11 | another state does not affect the ability of the guardian or | ||||||
12 | conservator to seek appointment as guardian or conservator in | ||||||
13 | this state under the Probate Act of 1975 if the court has | ||||||
14 | jurisdiction to make an appointment other than by reason of the | ||||||
15 | provisional order of transfer.
| ||||||
16 | Article 4. Registration and Recognition of Orders From Other | ||||||
17 | States | ||||||
18 | Section 401. Registration of guardianship orders. If a | ||||||
19 | guardian has been appointed in another state and a petition for | ||||||
20 | the appointment of a guardian is not pending in this state, the | ||||||
21 | guardian appointed in the other state, after giving notice to | ||||||
22 | the appointing court of an intent to register, may register the | ||||||
23 | guardianship order in this state by filing as a foreign | ||||||
24 | judgment in a court, in any appropriate county of this state, |
| |||||||
| |||||||
1 | certified copies of the order and letters of office. | ||||||
2 | Section 402. Registration of protective orders. If a | ||||||
3 | conservator has been appointed in another state and a petition | ||||||
4 | for a protective order is not pending in this state, the | ||||||
5 | conservator appointed in the other state, after giving notice | ||||||
6 | to the appointing court of an intent to register, may register | ||||||
7 | the protective order in this state by filing as a foreign | ||||||
8 | judgment in a court of this state, in any county in which | ||||||
9 | property belonging to the protected person is located, | ||||||
10 | certified copies of the order and letters of office and of any | ||||||
11 | bond. | ||||||
12 | Section 403. Effect of registration. | ||||||
13 | (a) Upon registration of a guardianship or protective order | ||||||
14 | from another state, the guardian or conservator may exercise in | ||||||
15 | this state all powers authorized in the order of appointment | ||||||
16 | except as prohibited under the laws of this state, including | ||||||
17 | maintaining actions and proceedings in this state and, if the | ||||||
18 | guardian or conservator is not a resident of this state, | ||||||
19 | subject to any conditions imposed upon nonresident parties. | ||||||
20 | (b) A court of this state may grant any relief available | ||||||
21 | under this Act and other law of this state to enforce a | ||||||
22 | registered order.
| ||||||
23 | Article 5. Miscellaneous Provisions |
| |||||||
| |||||||
1 | Section 501. Uniformity of application and construction. | ||||||
2 | In applying and construing this uniform Act, consideration must | ||||||
3 | be given to the need to promote uniformity of the law with | ||||||
4 | respect to its subject matter among states that enact it. | ||||||
5 | Section 502. Relation to Electronic Signatures in Global | ||||||
6 | and National Commerce Act. This Act modifies, limits, and | ||||||
7 | supersedes the federal Electronic Signatures in Global and | ||||||
8 | National Commerce Act, 15 U.S.C. Section 7001, et seq., but | ||||||
9 | does not modify, limit, or supersede Section 101(c) of that | ||||||
10 | Act, 15 U.S.C. Section 7001(c), or authorize electronic | ||||||
11 | delivery of any of the notices described in Section 103(b) of | ||||||
12 | that Act, 15 U.S.C. Section 7003(b). | ||||||
13 | Section 503. Repeals. (Blank). | ||||||
14 | Section 504. Transitional provisions. | ||||||
15 | (a) This Act applies to guardianship and protective | ||||||
16 | proceedings begun on or after the effective date of this Act. | ||||||
17 | (b) Articles 1, 3, and 4 and Sections 501 and 502 apply to | ||||||
18 | proceedings begun before the effective date of this Act, | ||||||
19 | regardless of whether a guardianship or protective order has | ||||||
20 | been issued.
| ||||||
21 | Section 505. Effective date. (Blank).
|