New York Mental Hygiene Law Section 83.19 - Special jurisdiction.

83.19 Special jurisdiction.

(a) A court of this state lacking jurisdiction under section 83.17 of this article has special jurisdiction to do any of the following:

1. appoint a guardian of the person in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;

2. issue a protective order with respect to a real or tangible personal property located in this state; and

3. appoint a guardian of the person or a guardian of the property for a person subject to a guardianship of the person or protected person for whom a provision order to transfer the proceeding from another state has been issued under procedures similar to section 83.31 of this article.

(b) If a petition for the appointment of a guardian of the person in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.


Last modified: February 3, 2019