14-12206. Appropriate forum
A. A court of this state that has jurisdiction under section 14-12203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
B. If a court of this state declines to exercise its jurisdiction under subsection A of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
C. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
1. Any expressed preference of the respondent.
2. Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation.
3. The length of time the respondent was physically present in or was a legal resident of this state or another state.
4. The distance of the respondent from the court in each state.
5. The financial circumstances of the respondent's estate.
6. The nature and location of the evidence.
7. The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
8. The familiarity of the court of each state with the facts and issues in the proceeding.
9. If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Section: Previous 14-12105 14-12106 14-12201 14-12202 14-12203 14-12204 14-12205 14-12206 14-12207 14-12208 14-12209 14-12301 14-12302 14-12401 14-12402 NextLast modified: October 13, 2016