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 Back | 144th General Assembly
Senate Bill # 281 |
| Primary Sponsor: | Blevins | Additional Sponsor(s): Rep. Valihura |
| CoSponsors: | { NONE...} |
| Introduced on : | 06/10/2008 | |
| Long Title: | AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE DETERMINATION OF JURISDICTION IN PROCEEDINGS FOR GUARDIANSHIP AND CONSERVATORSHIPS FOR INCAPACITATED ADULTS. |
| Synopsis: | Because the United States has 50 plus guardianship systems, problems of determining jurisdiction are frequent. Questions of which state has jurisdiction to appoint a guardian or conservator can arise between an American state and another country. But more frequently, problems arise because the individual has contacts with more than one American state. In nearly all American states, a guardian may be appointed by a court in a state in which the individual is domiciled or is physically present.
In nearly all American states, a conservator may be appointed by a court in a state in which the individual is domiciled or has property. Contested cases in which courts in more than one state have jurisdiction are becoming more frequent. Sometimes these cases arise because the adult is physically located in a state other than the adult’s domicile. Sometimes the case arises because of uncertainty as to the adult’s domicile, particularly if the adult owns a second home in another state. There is a need for an effective mechanism for resolving multi-jurisdictional disputes.
Accordingly, this bill would modify Chapter 39 of Title 12 and create a new Chapter 39A that would enact a modified version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which facilitates the movement of adult guardianships, conservatorships, and other protective proceedings between Delaware and other states by providing procedures for communication and cooperation between the Court of Chancery and courts of other states, procedures for resolving multi-jurisdictional disputes, procedures for transferring guardianships and conservatorships between Delaware and other states, and procedures under which a guardianship or other protective order issued in another state may be registered in Delaware.
Author: Senator Blevins
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| Committee Reports: |
Senate Committee report 06/12/08 F=0 M=5 U=0----->
House Committee Report 06/18/08 F=0 M=5 U=0----> |
| Voting Reports: |
Senate vote: () Passed 6/12/08 4:03:19 PM------->
House vote: () Passed 6/25/08 5:40:30 PM-------> |
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Actions History:
| Jul 17, 2008 - Signed by Governor
Jun 25, 2008 - Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 18, 2008 - Reported Out of Committee (JUDICIARY) in House with 5 On Its Merits
Jun 17, 2008 - Introduced and Assigned to Judiciary Committee in House
Jun 12, 2008 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 12, 2008 - Reported Out of Committee (HEALTH & SOCIAL SERVICES) in Senate with 5 On Its Merits
Jun 10, 2008 - Assigned to Health & Social Services Committee in Senate
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