Section 5-204 - Jurisdiction declined - In general.
§ 13.5-204. Jurisdiction declined - In general.
(a) Court may decline jurisdiction.- A court of this State having jurisdiction under § 13.5-201 of this subtitle to appoint a guardian or issue a protective order may decline to exercise jurisdiction if the court determines at any time that a court of another state is a more appropriate forum.
(b) Actions required when court declines jurisdiction.-
(1) If a court of this State declines jurisdiction over a guardianship proceeding or protective proceeding under subsection (a) of this section, the court shall either dismiss the proceeding or stay the proceeding.
(2) A court under paragraph (1) of this subsection may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.
(c) Considerations as to appropriate forum.- In determining whether the court is an appropriate forum, a court shall consider all relevant factors, including:
(1) An 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 located 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 estate of the respondent;
(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; and
(9) If an appointment were made, the ability of the court to monitor the conduct of the guardian or conservator.
[2010, chs. 256, 257.]