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Can Granny Have A New Home? Resolving The Dilemma Of Dementia And Domicile In Federal Diversity Jurisdiction Cases, Angela K. Upchurch

University of Colorado Law Review

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 …