Avoiding the Cross-State Conservatorship Battle — A Lesson from Barnhart v. Varrone
When elderly parents relocate or divide their time between states, families can quickly find themselves in legal confusion or worse, litigation. In Barnhart v. Varrone (unpublished opinion), an internal family dispute over guardianship appointments escalated into a multi-state fight between Connecticut and Florida.
The result? Thousands of dollars spent on lawyers, hearings, and appeals all because siblings couldn’t agree on how to handle their parents’ care.
One daughter filed for guardianship in Florida. Another daughter filed a conservatorship case in Connecticut. Each state had its own view on jurisdiction, and neither side wanted to back down. The Connecticut courts ultimately ruled that they had authority under the state’s version of the Uniform Adult Protective Proceedings Jurisdiction Act (UAGPPJA), but only after significant time and legal expense.
The takeaway? These battles often don’t stem from legal issues. They stem from poor communication. Even if you don’t get along with your siblings, it’s worth having those difficult conversations before your parents become incapacitated. Otherwise, you may be paying the price in court later, both emotionally and financially.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is different, and you should consult a licensed attorney for advice regarding your specific situation.
If you have questions about probate, conservatorship, or multi-state estate issues, feel free to call me or schedule a time.