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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
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My mom lives with me in arkansas my sister lives in ca.she

Customer Question

my mom lives with me in arkansas my sister lives in ca.she is trying to get conservatorship of my mom in ca . can she do this
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. It's unlikely that she would be able to successfully do this, as it does not seem that California has jurisdiction over this matter. The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which California and Arkansas have both enacted, spell out which state would have jurisdiction over such a matter. Essentially this law says that if the conservatee (your mother) has a home state, that state will have jurisdiction over that matter. In the law, “Home state” means the state in which the proposed conservatee was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order, or, if none, the state in which the proposed conservatee was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

So if she is filing and California does not have jurisdiction due to your mother having a home state in Arkansas, you would need to respond and let the court know that your mother's home state is in Arkansas and pursuant to the above mentioned law only Arkansas would have jurisdiction over the matter, not California.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?