§ 5-456. Appropriate forum
(a) A court of the Virgin Islands having jurisdiction under section 5-453 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 the Court declines to exercise its jurisdiction under subsection […]
§ 5-457. Jurisdiction declined by reason of conduct
(a) If at any time the Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the Court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent […]
§ 5-458. Notice of proceeding
If a petition for the appointment of a guardian or issuance of a protective order is brought in the Virgin Islands and the Virgin Islands was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of the Virgin Islands, notice of the petition must […]
§ 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 […]
§ 5-452. Exclusive basis
This subpart provides the exclusive jurisdictional basis for the Court to appoint a guardian or issue a protective order for an adult.
§ 5-453. 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 […]