§ 34-8-204. Special Jurisdiction
A court of this state lacking jurisdiction under § 34-8-203(1)-(3) has special jurisdiction to do any of the following: Appoint a conservator or guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state; Issue a protective order with respect to real or tangible […]
§ 34-8-205. Exclusive and Continuing Jurisdiction
Except as otherwise provided in §§ 34-8-202 and 34-8-204, a court that has appointed a conservator or 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.
§ 34-8-206. Appropriate Forum
A court of this state having jurisdiction under § 34-8-203 to appoint a conservator or 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. If a court of this state declines to exercise its jurisdiction […]
§ 34-8-207. Jurisdiction Declined by Reason of Conduct
If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator or guardian or issue a protective order because of unjustifiable conduct, the court may: Decline to exercise jurisdiction; Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of […]
§ 34-8-208. Notice of Proceeding
If a petition for the appointment of a conservator or guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be […]
§ 34-8-209. Proceedings in More Than One State
Except for a petition for the appointment of a conservator or guardian in an emergency or issuance of a protective order limited to property located in this state under § 34-8-204(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in […]
§ 34-8-105. Cooperation Between Courts
In a conservatorship or guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: Hold an evidentiary hearing; Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; Order that an […]
§ 34-7-101. Short Title
This chapter shall be known and may be cited as the “Public Guardianship for the Elderly Law.”
§ 34-7-102. Legislative Intent — Construction
The general assembly recognizes that many elderly persons in the state are unable to meet essential requirements for their physical health or to manage essential aspects of their financial resources. The general assembly finds that private conservatorship is inadequate where there are no willing and responsible family members or friends to serve as conservator and […]
§ 34-7-103. Creation and Administration of Statewide Program
A statewide program to provide guardianship for the elderly is created and will be administered by the commission on aging, which shall adopt policies and may promulgate rules to govern the operation of district public guardians within each development district, and implement the law. The commission shall provide a coordinator to monitor program development and […]