The Case of Loyce Juanita Parker

1. The Case of Loyce Juanita Parker Confused Courts, Interstate Chaos, and How UAGPPJA Can Help Eric Fish, Terry Hammond, Sally Hurme, Mike Splaine, Erica Wood

2. Mrs. Parker

3. Mrs. Parker and Eddie

4. Mrs. Parker’s Driver License

5. Parker Deposition • Q. At the time [Linda filed in Texas], …you were staying at Alterra House in Vernon; … is that correct? • A. Yes, But let me explain that. I didn’t go with the intentions of staying there. I went just for—I visited all the other families. And Linda said, well, she wanted me to come visit her. Well, I did, but she immediately put me in a room—you know, got me a room, not take me out to her house, so—and my other daughter didn’t have room for me.

6. Parker Deposition • Q. Let me ask you a question. When you stayed at Alterra House in Vernon, was it your intention to stay in Texas permanently? • A. Definitely not. I had no intention, and didn’t want to stay in Texas. • Q. Well, where is it that you want to live? • A. Right here where I am at Al—I mean, Homeland. • How long have you lived in the state of Oklahoma? • A. All my life, expect for one year.

7. Parker Deposition • Q. Let me ask you this, Mrs. Parker: If you could tell all the judges in the world and everybond in the world where you wanted to live, where would that be? • A. Right where I am, up here. • Q. In Oklahoma? • A. Yes, in Oklahoma.

8. Parker Deposition • Q. Did you ever ask anybody to take you back to Oklahoma? • A. Well, I called Eddie one night and said, come get me. And he couldn’t come that night, but he came early the next morning and brought me back. • Q. And did he take you back to Oklahoma? • A. Yes. • Q. Is that what you wanted to do? • A. Yes I did. I asked him t come get me.

9. Parker Deposition • Q. Your daughter, Linda Jones, has requested a guardianship over you in Texas. • A. Well, I do not want to go back to Texas. I want –and I want Eddie to be the guardianship. • Q. Let’s say for some reason Eddie can’t be your guardian, do you have another choice? • A. Well, let me see. Polly I guess. But I want Eddie to be. Eddie knows all about it. And he was born and raised there, and still lives there, and takes care of my stuff and his, too.

10. 1919 – 1989 L. Parker lives in Jefferson Co., OK with her husband. 1991 L. Parker and her husband form a trust assigning property to husband as trustee. The trust appoints son successor trustee upon husband's death. May 20, 2006 Husband dies. Son assumes role of successor trustee. Son begins using trust funds to pay L. Parker's living expenses. Shortly thereafter, L. Parker tours Heartland and decides to live there. There is no vacancy. June 11, 2006 L. Parker goes to Vernon, TX to stay at Alterra facility until a space opens at Heartland. Son pays for all expenses at Alterra. Oct. 30, 2006 Son calls Alterra to give notice of moving L. Parker to Heartland. L. Parker insists she wants to return to OK. Dec. 1, 2006 Daughter files in Wilbarger Co., TX application seeking permanent guardian of L. Parker and her estate. Dec. 16, 2006 Son moves L. Parker from Alterra to Heartland at her request. Dec. 19, 2006 Son appointed guardian by Jefferson Co. District Court, OK. Jan. 8, 2007 Daughter appointed temporary guardian by Wilbarger Co. District Court, TX by oral order; Loyce Juanita Parker not present Jan. 9, 2007 Son's motion for temporary guardianship in TX proceeding denied. Jan. 9, 2007 TX court enters written order granting Daughter guardianship. January 10, 2007 Son notifies TX court that L. Parker will not go to TX with son. Jan. 11, 2007 OK trial court holds hearing to determine L. Parker's domicile. Daughter participates in hearing. Jan. 18, 2007 Daughter moves to hold Son in contempt of TX order. January 25, 2007 Son renews guardianship application in OK and requests restraining order to prohibit anyone taking L. Parker. January 27, 2007 Loyce Juanita Parker Deposition Feb. 8, 2007 TX court issues writ of capias to put son in jail in Wilbarger Co. should he be found in TX. Feb. 8, 2007 Daughter moves for continuance of OK hearing set for February 16 on permanent guardianship in OK. Feb 12, 2007 Daughter petitions trial court in OK to defer further action. Feb 13, 2007 Daughter seeks emergency application for writ of prohibition in OK Supreme Court and moves trial court to stay its proceeding. March 8, 2007 TX trial court appoints Daughter permanent guardian of L. Parker while L. Parker is living in OK. March 12, 2007 OK Supreme Court issues a writ of prohibition commanding OK trial court to decide Daughter‘s motion to dismiss. March 28, 2007 OK trial court denies daughter‘s motion to dismiss and sets general guardianship hearing. Daughter moves for stay. April 2, 2007 Son files third petition for guardianship of L. Parker in OK and second motion for restraining order. Trial court grants these motions. Timeline

11. April 5, 2007 OK trial court formally denies Daughter’s motion to dismiss. April 11, 2007 OK Supreme Court grants Daughter’s emergency motion to stay, limiting hearing on April 12 to jurisdiction only. April 19, 2007 OK trial court holds that it has exclusive jurisdiction. May 7, 2007 OK Supreme Court denies second application to assume original jurisdiction. May 24, 2007 Daughter tries to remove L. Parker forcefully from OK to TX. Police stop the attempt. May 25, 2007 Daughter removes L. Parker forcefully from Heartland and drives her to TX. June 7, 2007 OK trial court appoints Son guardian of person and estate of L. Parker. Daughter appeals to OK Court of Civil Appeals. Feb. 15, 2008 OK Court of Civil Appeals affirms order of OK District Court naming Son guardian of person and estate of L. Parker. May 19, 2008 Daughter’s Writ of Certiorari denied by OK Supreme Court and District Court decision affirmed. June 11, 2008 OK Supreme Court denies petition for certiorari and affirms lower court decision. Dec. 31, 2008 TX Court of Appeals affirms appointment of Daughter as guardian for L. Parker. March 6, 2009 1st Amended App to give full faith to foreign judgment and set aside contempt citation filed by Son in Wilbarger Co., TX March 20, 2009 Daughter filed petition for accounting, damages for breach of fiduciary duty, and conversion against Son in Wilbarger Co., TX. May 6, 2009 Order Vacating Foreign Judgment filed by Judge in Wilbarger Co., TX. May 28, 2009 Motion for New Trial by Son in Wilbarger Co., TX. June 15, 2009 Polly & Debra join Son in Motion for new trial and Motion to allow visit with Mother. July 16, 2009 Son filed petition in Jefferson Co., OK against Daughter for violation of Trust Agreement. August 9, 2009 Daughter files Notice of Removal to Federal Court for Western District of OK cause filed July 16, 2009. Timeline

12. Capias

13. Restraining Order

14. Uniform Law Conference • Uniform Law Conference (NCCUSL) formed over 100 years ago to promote uniformity in the law among the states on subjects where uniformity is desirable and practicable • Objective to promulgate uniform laws for states to enact • Uniform Guardianship and Protective Proceedings Act (UGPPA) has been enacted in about 20 states • Selected concepts in UGPPA have been enacted in nearly all states

15. New Uniform Law • Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) • “You-Ah-Gap-Jah” • “UGUPPY” in Connecticut • “Youbetcha” by an unnamed Illinois legislator • Already enacted in 18 states • Goal is to have every state adopt to achieve needed uniformity

16. Enactment Efforts – April 2010

17. General Objectives • Jurisdiction to appoint a guardian or conservator fixed in the court of one and only one state • Guardianship and conservatorship orders entered in one state can be enforced in another state • Established cases can be efficiently transferred from one state to another

18. Issues in Parker Addressed by UAGPPJA • Initial Jurisdiction • Appropriate Forum • Emergency Jurisdiction • Court Communication and Cooperation • Recognition of out of state orders

19. Initial Jurisdiction Problems • Domicile is hard to determine • When have even split of time in two states • When living in a nursing home • Whether has capacity to form intent to change domicile • Few states have mechanism to determine which of several possible jurisdictions is appropriate • Basing jurisdiction on physical presence invites “granny snatching” in order to create jurisdiction in another state

20. Initial Jurisdiction in Parker • Issue: Two states claim to have basis for jurisdiction • Texas: Based on Presence • "[a] proceeding for the appointment of an incapacitated person shall begin in the county where the incapacitated person resides or is located on the date the petition is filed, or where his principal estate is situated." Tex.Prob.Code Ann. § 130N • Oklahoma: Based on Domicile and Estate • “As a matter of law, the Oklahoma trial court had exclusive jurisdiction over the matters at issue in the guardianship because Mother is a resident of Oklahoma and her estate is in Oklahoma” - 2008 OK CIV APP 62

21. Initial Jurisdiction- UAGPPJA Key Concepts • To determine which court has primary jurisdiction, criteria to determine the individual’s “home state” and “significant connection state” • “Home state” is the state in which the individual has been present for at least six monthsimmediately before the commencement of the guardianship or protective proceeding • “Significant connection state” means the state in which the individual has a significant connection, other than mere physical presence, and where substantial evidence concerning the individual is available

22. Initial Jurisdiction-The Uncontested Case • A significant connection state also has jurisdiction if • no proceeding has been commenced in the respondent’s home state or another significant connection state • no objection to the court’s jurisdiction has been filed, and • the court concludes that it is a more appropriate forum than the court in another place

23. Initial Jurisdiction –What is the Appropriate Forum • Parker Case: • De Facto care giver in Texas • Mrs. Parker admitted to Texas nursing home • Strong ties and noted desire to return to Oklahoma • Estate, family in Oklahoma • Entire estate in Oklahoma trust with son as trustee • UAGPPJA Solution: Courts to Consider: • Expressed preference of ward • Length of residence and presence • Familiarity with case, facts, issues • Financial resources • Nature of all evidence

24. Initial Jurisdiction-Emergency Cases • Parker Case: • “Proposed Ward is mentally and physically incapacitated” (From Texas Application for Appointment, Dec. 1 2006) • UAGPPJA Solution • Even if not a home state or significant connection state, a state in which the individual is physically present has jurisdiction to appoint an emergency guardian if an urgency exists. • A court where property is located has jurisdiction to appoint a conservator or enter another protective order with respect to property located in the state.

25. Court Communication • Parker Case: • Contemporaneous Court Actions on Jurisdiction • UAGPPJA Solutions • Court cooperation is essential; provisions facilitate cooperation • Stresses the importance of communication between courts • Courts may request other courts to produce evidence, order evaluations, assess records

26. Recognition • Parker Case: • Powers and authority granted by each court not accepted in other state • Neither TX or OK has clear process to allow foreign conservator or guardian to transact business or make personal decisions

27. Full Faith and Credit • The US Constitution generally requires that court orders in one state be honored in another state • Traditionally, determinations made in some areas of probate practice, including guardianship law, were seen as exceptions to the full faith and credit doctrine

28. Out of State Recognition/UAGPPJA • UAGPPJA Solution: • The proposed model act authorizes registration of the order in the recording office of another state • Requires that the courts of the other state give a registered order full faith and credit

29. Nine Ways UAGPPJA Could Reduce Elder Abuse Reducing incidents of “granny snatching” Enabling a court to decline jurisdiction because of and to penalize “unjustifiable conduct” Requiring a court to consider elder abuse when determining appropriate forum

30. Nine Ways UAGPPJA Could Reduce Elder Abuse Facilitating monitoring of guardianships Heightening a non-home state court’s awareness of abuse Facilitating cross-border court communication

31. Nine Ways UAGPPJA Could Reduce Elder Abuse Enhancing a court’s ability to learn about relevant criminal activity in another state Establishing transfer procedures that could remove individuals from abusive situations Establishing registration procedures that aid in notification and monitoring of abuse

32. UAGPPJA and Alzheimer’s Patients Scenarios for Persons with Alzheimer’s             Long distance caregivers             Multi-state health care markets             Transferred caregiver arrangements             Snowbirds

33. Stories and Questions • What are your stories? • Many more resources at www.abanet.org/aging/guardianshipjurisdiction/home.html