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Uniform Laws Needed to Deal With Interstate 'Granny
Snatching'
San Antonio Express-News says states need
compatible laws following sensational case there
March 22, 2006 "Granny Snatching" may not be a
term you have heard or read, unless you live in a community that has
experienced one of these high-profile cases where a widow, usually
wealthy, has become the subject of a furious legal battle over her
custody and the control of her money. Just such a case has been raging
in San Antonio and the San Antonio Express-News has editorialized for
uniform state laws to govern these cases.
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In the editorial published on March 20, entitled
"Uniform Laws Needed for Protection of the Elderly," the newspaper said,
"In todays mobile society, state laws that are compatible with one
another are essential."
"A wealthy elderly widow from New Jersey caught up
in a court battle over her guardianship highlights a problem that will
only grow as Americans live longer.
"The case of Lillian Glasser, 85, as reported by
John MacCormack in the Express-News, grabbed the nations attention
because it involved a $25 million estate, rivaling siblings and lawyers
whose legal tabs ran into the millions.
"But as MacCormack wrote, it is not just wealthy
senior citizens who find themselves in what has come to be known as
granny snatching cases involving courts in multiple states.
"It is clear that uniform laws governing such cases
are needed.
"The National Conference of Commissioners on
Uniform State Laws began work on resolving that issue about a year ago.
The commission whose goal is to develop uniformity among state laws, is
not expected to have a model for states to consider for another year
"It is working to develop guidelines for
determining residency and protocols that will allow courts in various
jurisdictions to work together and facilitate the transfer of cases from
one state to another Incompatible guardianship statutes compound the
problems faced by elderly people caught in the legal bureaucracy They
should not be forced to spend their retirement years in court baffles
that could drain their life savings.
"Glassers guardianship problems, which began more
than a year ago are far from over, but they would be much closer to a
resolution if there had been some uniformity in the law
"This is an issue state lawmakers need to address
immediately once the Uniform Law Commission completes its work."
The case of Glasser was well reported in the
newspaper and on local television.
The Express-News writer John MacCormack wrapped up
the story on March 14.
"Last week's decision by a judge in San Antonio to
suspend the Lillian Glasser guardianship case in Texas and let a court
in her home state of New Jersey hash it out means the 85-year-old
widow's wrenching ordeal may soon end," he wrote.
"But to some involved with elder law, Glasser, has
become a poster child for reform," according to MacCormack,
"illustrating the need for uniform state laws to resolve such
complicated disputes."
MacCormack said, "Glasser grabbed national
attention last year, as much for her wealth and the fierce passions of
those arguing over who should control it as for the Byzantine legal
issues the case raised.
"In addition to competing courts in Texas and New
Jersey, it featured a $25 million fortune, bitter rivalry between her
two children, Mark Glasser and Suzanne Mathews, and dozens of
high-dollar lawyers who quickly ran up millions in fees."
"To prevent more interstate troubles for the
elderly, the Uniform Law Commission which has been drafting model laws
for states on everything from child custody to business partnerships for
the past 113 years is now working on elder guardianships."
MacCormack quoted Harry Tindall, a Houston lawyer
and member of the Chicago-based commission as say, "Just as we had a
problem 25 years ago with parents snatching children across state lines,
we face the same situation now where children are snatching parents
across state lines, and there are no consistent standards of
jurisdiction."
"The guardianship laws around the country really
don't speak to interstate jurisdiction. In some states, they just say if
an individual is here, they can be put into a guardianship even if they
arrived last night by airplane," Tindall told MacCormack.
This case involved a custody battle between the
woman's children, but other cases across the nation have involved
hospitals, lawyers and other family members fighting to control these
"grannies" and their wealth.
Below is a link to the latest draft of the uniform
laws being developed by the Uniform Law Commission on interstate
guardianship.
Uniform Guardianship Interstate Jurisdiction and Enforcement Act
Below is the final draft of the general laws on
guardianship
Uniform Guardianship and Protective Proceedings Act
The home page for the commission is
http://www.nccusl.org/Update/
Read the complete story by MacCormack in the Express-News
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