50 The Courier sun • health • september 5, 2013 for breaking news visit www.couriersun.com ▶health The Elder Law Minute TM Uniform Adult Guardianship Act Awaits Governor’s Signature By Ronald A. Fatoullah, Esq. and Yan Lian Kuang-Maoga, Esq. Ronald Fatoullah has been instrumental in bringing the enactment of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the “Act”) within reach in the State of New York. Having experienced a multi-state guardianship issue himself, he made it a personal goal several years ago to have New York sign onto the Act. The issue was presented to several legislators, and although they were all sympathetic, the legislators wanted the backing of the New York State Bar Association. After years of work, the NYSBA finally backed the Act last year. In January, 2013, a bill seeking the enactment of the Act was introduced in New York. It passed the New York State Assembly on April 22, 2013 and the New York State Senate on April 30, 2013, both unanimously. We now are waiting for the Governor to sign the Act into law. The Act provides a set of uniform rules that address jurisdiction and related issues in adult guardianship cases when multiple states are involved. The Act has widespread support from organizations such as the National Academy of Elder Law Attorneys, the National Guardianship Foundation, the Alzheimer’s Association, the Conference of Chief Justices, the Conference of State Court Administrators, the Council of State Governments, and the American Bar Association. With an increasingly mobile society, multi-state guardianship issues are not uncommon. These issues arise among snowbirds who may be residents of New York but spend their winters in Florida, elder law caregivers who may be moving sick family members in or out of New York, individuals who may be utilizing out of state health care providers, individuals who may wander in or out of New York, and elderly persons who are victims of “granny snatching” into or outside of New York. Granny snatching refers to the unauthorized removal or retention of a senior. Like most states, New York has jurisdiction to appoint a guardian of an individual who is a resident of New York or who is simply physically present in the state. Extensive and costly litigation over jurisdiction may result where the domicile of the “alleged incapacitated person” (“AIP”) is difficult to determine. In addition, jurisdiction based merely on the physical presence of an AIP encourages granny snatching. For example, if a niece snatches her elderly aunt and takes her out of New York under cover of night into her home state of New Jersey, then a New Jersey court would have jurisdiction over the aunt. This would be true even if there was an existing guardian appointed in New York. Further, without the Act, transferring an existing guardianship matter from one state to another typically is not available. As is the case in many states, New York currently requires that a new petition for guardianship be commenced in New York, even when one already exists in another state. This requirement results in added expenses and is often quite painful for families, especially when the guardianship matter is contested. These extra steps may discourage caregivers from moving an incapacitated individual into a better living arrangement, such as a locale that is closer to a caregiver. The process also takes time and attention away from the caregiver’s primary task of caring for the incapacitated person. The objectives of the Act are as follows: 1) To identify one singular state court to adjudicate first time guardianship petitions; 2) To establish a system of transferring existing guardianship appointments from one state to another; and 3) To establish a system of recognizing and enforcing guardianship orders of one state in another state. The bill seeking enactment of the Act is an important one, and it is our hope that it will become law in the very near future. Ronald A. Fatoullah, Esq. is the principal of Ronald Fatoullah & Associates, a law firm that exclusively concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts and wills. The firm has offices in Forest Hills, Great Neck, Manhattan, Brooklyn, and Cedarhurst, NY. This article was written with the assistance of Yan Lian Kuang-Maoga, an elder law attorney with the firm. Ronald Fatoullah & Associates can be reached by calling (718) 261-1700, 516-466-4422, or toll free at 1-877-ELDER-LAW or 1-877-ESTATES. ROnald Fatoulah, ESQ, CELA* Jamaica Hospital’s Trauma Team Warns Drivers to Avoid Distractions ADVERTORIAL Motor vehicle accidents (MVAs) are one of the leading causes of death in the United States today. Each year, nearly 2.5 million Americans are treated in hospital emergency departments as a result of an MVA. While the numbers are staggering, Jamaica Hospital Medical Center’s Trauma Team is dedicated to decreasing the number of these preventable injuries through education, research and community outreach. Jamaica Hospital operates a Level 1 Trauma Center, the highest designation to treat critically injured patients. Last year, Jamaica Hospital’s ER treated over 500 patients injured as a result motor vehicle accidents and the staff wants to offer the following tip to our community on how to avoid serious injury. Stay Focused on the Road and Avoid Becoming a “Distracted Driver.” What is a distracted driver? A distracted driver is a driver engaged in another activity that takes their attention away from the primary task of driving. These activities include: electronic devise use, eating or drinking, applying make-up, talking to passengers, or adjusting the radio. Distracted Driver Facts and Figures • 16% of fatal crashes involve reports of distracted driving (NHTSA) • 20% of injury crashes involve reports of distracted driving (NHTSA) • In 2011, 3,331 people were killed in crashes involving a distracted driver, compared to 3,267 in 2010. • 387,000 people were injured in motor vehicle crashes involving a distracted driver, compared to 416,000 injured in 2010. (distraction.gov) • 16% of all distracted driving crashes involve drivers under the age of 20 (NHTSA) Distractions can impair a driver in three ways: Visually – Forcing the driver to take his or her eyes off the road Manually – Forcing the driver to take his or her hands off of the steering wheel Cognitively – Forcing the driver to take his or her mind off of driving while they are doing something else While there are many forms of distractions for drivers, the type that has seen the largest increase in occurrences is texting while driving. Texting while driving is especially dangerous because it impairs the driver’s visual, manual, and cognitive abilities and studies indicate that text messaging creates a crash risk 23 times worse than driving while not distracted. In a recent study by the CDC, 9% of U.S. drivers reported texting or emailing regularly or fairly often while driving. Jamaica Hospital’s Trauma Team is well aware of the growing trend involving injuries and fatalities associated with distracted drivers and they want to offer the following warnings: • Avoid eating or drinking while driving • Do not read while driving • Avoid putting on make-up, shaving, or fixing your hair while driving • Turn off all cell phones and electronic devices while driving
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