§ 5-459. Proceedings in more than one state
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the Virgin Islands under section 5-544(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in the Virgin Islands and in […]
§ 5-461. Transfer of guardianship or conservatorship to another state
(a) A guardian or conservator appointed in the Virgin Islands may petition the Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in the Virgin Islands for the appointment of a […]
§ 5-453. Jurisdiction
The Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) The Virgin Islands is the respondent’s home state; (2) On the date the petition is filed, the Territory is a significant-connection state and: (A) The respondent does not have a home state, or a court of the […]
§ 5-454. Special jurisdiction
(a) A court of the Virgin Islands lacking jurisdiction under section 5-453(1) through (3) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) issue a protective order with respect to […]
§ 5-455. Exclusive and continuing jurisdiction
Except as otherwise provided in section 5-454, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
§ 5-451. Definitions; significant connection factors
(a) In this subpart: (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 […]
§ 5-452. Exclusive basis
This subpart provides the exclusive jurisdictional basis for the Court to appoint a guardian or issue a protective order for an adult.
§ 5-442. Definitions
In this part: (1) “Adult” means an individual who has attained 18 years of age. (2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under part 4 of this article. (3) “Court” or “Family Division” means the Family Division of the Superior Court of […]
§ 5-443. International application of chapter
The Court may treat a foreign country as if it were a state for the purpose of applying this chapter.
§ 5-444. Communication between courts
(a) The Court may communicate with a court in another state concerning a proceeding arising under this chapter. The Court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the Court shall make a record of the communication. The record may be limited to the fact that the […]