§ 5-483. Relation to the Electronic Signatures in Global and National Commerce Act
This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 […]
§ 8-103. Standard of Conduct in Managing and Investing Institutional Fund
(a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund. (b) In addition to complying with the duty of loyalty imposed by law other than this article, each […]
§ 8-104. Appropriation for Expenditure or Accumulation of Endowment Fund; Rules of Construction
(a) Subject to the intent of a donor expressed in the gift instrument and to subsection (d), an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in […]
§ 5-462. Accepting guardianship or conservatorship transferred from another state
(a) To confirm transfer of a guardianship or conservatorship transferred to the Virgin Islands under provisions similar to section 5-461, the guardian or conservator must petition the Family Division to accept the guardianship or conservatorship. The petition must include a certified copy of the other state’s provisional order of transfer. (b) Notice of a petition […]
§ 5-471. Registration of guardianship orders
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the Virgin Islands, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in the Virgin Islands by filing, […]
§ 5-472. Registration of protective orders
If a conservator has been appointed in another state and a petition for a protective order is not pending in the Virgin Islands, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign […]
§ 5-473. Effect of registration
(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this Territory all powers authorized in the order of appointment except as prohibited under the laws of the Virgin Islands, including maintaining actions and proceedings in the Virgin Islands and, if the guardian or conservator is […]
§ 5-481. Applicability
(a) This subpart applies to adult guardianship and protective proceedings begun on or after January 1, 2017. (b) Subparts I, III, and IV and sections 5-482 and 5-483 apply to proceedings begun before January 1, 2017, regardless of whether a guardianship or protective order has been issued.
§ 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 […]