Probate Practice and Procedure

CHAPTER 33-15.2
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

SECTION 33-15.2-203

§ 33-15.2-203. Initial jurisdiction.

In addition to the limited or special jurisdiction under § 33-15.2-204, a court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) This state is the respondent's home state;

(2) On the date the petition is filed, this state is a significant-connection state; and

(i) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(ii) The respondent has a home state, a petition for the appointment of a guardian or protective order has not been filed in a court of that state or in another significant-connection state, and, before the court makes the appointment or issues the order:

(A) A petition for appointment or order is not filed in the respondent's home state;

(B) An objection to the jurisdiction of the court in this state has not been filed; and

(C) The court in this state concludes that it is an appropriate forum under the factors set forth in § 33-15.2-206; or

(3) This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States.

History of Section.
(P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.)