Americans are living longer and, unfortunately, suffering from Alzheimer's dementia in greater numbers. As the population has aged, new legal issues have emerged requiring innovative resolutions. One particularly important issue facing incompetent adults is equitable access to the federal courts under diversity jurisdiction. For individuals, citizenship is equated with the individual's domicile-the place where the individual resides and to which he intends to return. Determination of incompetent adults' domicile, because such adults lack the capacity to form intention, has presented federal courts with a unique challenge when the incompetent is relocated by his or her guardian postincapacitation. The circuit courts are split regarding whether and under what circumstances an incompetent adult can change his domicile post-incapacitation, resulting in approaches that are either unworkable or result in disparate treatment of claims. As the population ages, it is critical to resolve how to determine an incompetent adult's citizenship for purposes of diversity jurisdiction. This Article tackles the important issue of whether and under what circumstances an incompetent adult can change his citizenship post-incapacitation.
Angela K. Upchurch,
Can Granny Have a New Home? Resolving the Dilemma of Dementia and Domicile in Federal Diversity Jurisdiction Cases,
U. Colo. L. Rev.
Available at: https://scholar.law.colorado.edu/lawreview/vol79/iss2/5