Granny Snatching and Personal Jurisdiction--An Argument for a New Federal Interpleader

INTRODUCTION ANestimated 5.4 million Americans now suffer from Alzheimer's disease,' at a time when families are simultaneously becoming increasingly geographically dispersed and mobile.3 More adult children are finding themselves in the role of "parents" to aging mothers and fathers with hundreds of miles between them and their relatives.This change in American family life has brought new challenges to state courts, such as when more than one person applies for guardianship of the same person in different jurisdictions.The aging relative may not be able to testify, the courts may not be able to access evidence in other states, and even if one state declares a guardian, other states may not give that adjudication full faith and credit.4 Of particular concern, however, is when relatives living in different states take advantage of traditional rules for personal jurisdiction by removing the incapacitated adult from his or her home to adjudicate the guardianship proceeding outside the prying eyes of other relatives.The typical scenario that frustrates the state courts, referred to as "granny snatching," 5 occurs I Juris Doctor, May 2012, University of Kentucky College of Law; BA (2005) and M.A.(zoo6), University of Kentucky.The author would like to thank Professors Scott Bauries and Nicole Huberfeld for their assistance with this project.This Note would not have been possible without their insight.