Trusts and Estates

Ca. Trs. & Estates Quarterly 2014, Volume 20, Issue 4

CALIFORNIA CONSERVATORSHIP JURISDICTION ACT: NEW RULES FOR RESOLVING INTERSTATE JURISDICTION

By Jennifer L. Wilkerson, Esq.,* and Linda S. Durston, Ph.D., Esq.**

I. INTRODUCTION

Recently enacted legislation titled the California Conservatorship Jurisdiction Act ("CCJA")1 applies, effective January 1, 2016, to all new petitions to establish probate conservatorships of the person, the estate, or both, of individuals who have moved to California within six months before proceedings are initiated. Effective January 1, 2015, CCJA applies to conservatees who are to be moved to or from California after conservatorship proceedings have begun.

CCJA is a state-specific modification of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act ("UAGPPJA"), which was completed by the Uniform Law Commission in 2007 and has since been adopted in forty states, the District of Columbia, and Puerto Rico. Like UAGPPJA, the primary purpose of CCJA is to provide standards and procedures to establish proper jurisdiction for a proceeding to appoint a conservator when multiple states have a connection with the proposed conservatee.

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