Using the Interstate Guardianship/Conservatorship Jurisdiction ActIs it possible to be a Guardian from one state but need to use your authority as Guardian in another state. A recent issue arose in which a Guardian from Maryland needed to use his Guardianship authority in a Virginia hospital. The incapacitated person needed to be admitted into a Virginia hospital. However, the Virginia hospital would not recognize the authority of the Guardian to admit and make decisions because it wasn’t a Virginian Guardianship Order.
Virginia has adopted Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. This Act not only allows the actual transfer of a Guardianship and/or Conservatorship from one state to another state but it provides a procedure for one state to recognize a Guardian or Conservator from another state without the necessity to transfer the entire matter.
The Act allows recognition and authority of the Guardian and/or Conservator to act in Virginia by allowing the Guardian to register the original Guardianship Order in the Virginia Court. Its similar to the registration of any foreign judgment from one state to another state. Virginia law has a code section that specifically allows for this.
In our case the Court had never seen such a procedure but after explaining the statute to the Clerk of Court we were able to file and register the Maryland Order of Guardianship in the Virginia Court. With the Court now recognizing the Maryland Order the Guardian was able to make decisions in Virginia regarding the incapacitated person’s health and treatment.
Expect to see more and more use of this law since insurance companies sometimes contract only with one hospital in a particular jurisdiction for certain types of procedures. We live in a tri-state area Virginia, DC and Maryland. A Guardian and/or Conservator from Virginia may need to deal with decision making or property located in DC or Maryland. With this procedure we have a relatively cost effective method of getting business done on behalf of the incapacitated person in the other state.
What Is A Microboard?A Microboard is a small, family centered non-profit corporation whose purpose is to provide for the ongoing care and welfare of a disabled person. It serves as a support structure for persons with special needs. When parents or primary caregivers are no longer able to assist the person with the disabilities, a plan will be in place to provide for the ongoing welfare of the disabled person.
It’s a real nonprofit corporation with Articles of Incorporation, board members and board meetings One of its advantages has been its ability to accept loans from the Virginia Housing Development Authority which is able to provide financing to the Microboard to purchase a home for the disabled person. Although, relatively new in Virginia they have been in use in other states for many years. There is a Virginia Microboard Association. For more information contact Linda Ritter at firstname.lastname@example.org.
Upcoming Speaking Events:
On June 25, 2014 at 10:30 a.m. Ed will be presenting to
Fairfax County employees on legal issues for caregivers.