75-5b-206 - Jurisdiction declined by reason of conduct.
75-5b-206. Jurisdiction declined by reason of conduct.
(1) If at any time a court of this state determines that it acquired jurisdiction to appoint aguardian or issue a protective order because of unjustifiable conduct, the court may:
(a) decline to exercise jurisdiction;
(b) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy toensure the health, safety, and welfare of the respondent or the protection of the respondent'sproperty or prevent a repetition of the unjustifiable conduct, including staying the proceedinguntil a petition for the appointment of a guardian or issuance of a protective order is filed in acourt of another state having jurisdiction; or
(c) continue to exercise jurisdiction after considering:
(i) the extent to which the respondent and all persons required to be notified of theproceedings have acquiesced in the exercise of the court's jurisdiction;
(ii) whether it is a more appropriate forum than the court of any other state under thefactors set forth in Subsection 75-5b-205(3); and
(iii) whether the court of any other state would have jurisdiction under factualcircumstances in substantial conformity with the jurisdictional standards of Section 75-5b-202.
(2) If a court of this state determines that it acquired jurisdiction to appoint a guardian orissue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiableconduct, it may assess against that party necessary and reasonable expenses, including attorneyfees, investigative fees, court costs, communication expenses, witness fees and expenses, andtravel expenses. The court may not assess fees, costs, or expenses of any kind against the state ora governmental subdivision, agency, or instrumentality of the state unless authorized by law otherthan this chapter.
Enacted by Chapter 253, 2008 General Session