Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under AS 13.27.120 (a)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) if the court in this state has jurisdiction under AS 13.27.110 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to AS 13.27.110 before the appointment or issuance of the order;
(2) if the court in this state does not have jurisdiction under AS 13.27.110, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state; if the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Sec. 13.27.180. Definitions for AS 13.27.100 - 13.27.180.
In AS 13.27.100 - 13.27.180,
(1) "emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2) "home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending with the six months before the filing of the petition;
(3) "significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available; in determining whether a respondent has a significant connection with a particular state, the court shall consider
(A) the location of the respondent's family and others required to be notified of the guardianship or protective proceeding;
(B) the length of time the respondent, at any time, was physically present in the state and the duration of any absences;
(C) the location of the respondent's property; and
(D) the extent to which the respondent has other ties to the state, such as voting registration, filing of state or local tax returns, vehicle registration, driver's license, social relationships, and receipt of services.
Section: Previous 13.27.100 13.27.110 13.27.120 13.27.130 13.27.140 13.27.150 13.27.160 13.27.170Last modified: November 15, 2016