US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New York Laws » Consolidated Laws » MHY - Mental Hygiene » Title E - General Provisions » Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act

83.01 – Short Title.

§ 83.01 Short title. This article shall be known and may be cited as the “uniform adult guardianship and protective proceedings jurisdiction act”.

83.03 – Definitions.

§ 83.03 Definitions. For purposes of this article, the following definitions shall apply: (a) “Adult” means an individual who has attained eighteen years of age. (b) “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 […]

83.07 – Communication Between Courts.

§ 83.07 Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this article. The court may allow the parties to participate in the communication. (b) If the parties are not allowed to participate in the communication, the court shall give all parties […]

83.09 – Cooperation Between Courts.

§ 83.09 Cooperation between courts. (a) In a proceeding for the appointment of a guardian of the person 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: 1. hold an evidentiary hearing; 2. order a person in that state […]

83.11 – Taking Testimony in Another State.

§ 83.11 Taking testimony in another state. (a) In a proceeding for the appointment of a guardian of the person or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for […]

83.13 – Significant Connection Factors.

§ 83.13 Significant connection factors. In determining under section 83.17 and subdivision (e) of section 83.31 of this article whether a respondent has a significant connection with a particular state, the court shall consider: (a) the location of the respondent’s family and other persons required to be notified of the proceeding; (b) the length of […]

83.15 – Exclusive Basis.

§ 83.15 Exclusive basis. Subject to section 81.18 of this title, this article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian of the person or issue a protective order for an adult.

83.17 – Jurisdiction.

§ 83.17 Jurisdiction. A court of this state has jurisdiction to appoint a guardian of the person or issue a protective order for a respondent if: (a) the state is the respondent’s home state; (b) on the date the petition is filed, this state is a significant-connection state and: 1. the respondent does not have […]

83.19 – Special Jurisdiction.

§ 83.19 Special jurisdiction. (a) A court of this state lacking jurisdiction under section 83.17 of this article has special jurisdiction to do any of the following: 1. appoint a guardian of the person in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state; 2. […]

83.21 – Exclusive and Continuing Jurisdiction.

§ 83.21 Exclusive and continuing jurisdiction. Except as otherwise provided in section 83.19 of this article, a court that has appointed a guardian of the person or issued a protective order consistent with this article has exclusive and continuing jurisdiction over the proceedings until it is terminated by the court or the appointment or order […]

83.23 – Appropriate Forum.

§ 83.23 Appropriate forum. (a) A court of this state having jurisdiction under section 83.17 of this article to appoint a guardian of the person 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 […]

83.25 – Jurisdiction Declined by Reason of Conduct.

§ 83.25 Jurisdiction declined by reason of conduct. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian of the person 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 […]

83.27 – Notice of Proceeding.

§ 83.27 Notice of proceeding. If a petition for the appointment of a guardian of the person 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, […]

83.29 – Proceedings in More Than One State.

§ 83.29 Proceedings in more than one state. Except for a petition for the appointment of a guardian of the person in an emergency or issuance of a protective order limited to property located in this state under paragraph one or two of subdivision (a) of section 83.19 of this article, if a petition for […]

83.31 – Transfer of Guardianship or Conservatorship to Another State.

§ 83.31 Transfer of guardianship or conservatorship to another state. (a) A guardian of the person or a guardian of the property appointed in this state may petition the court to transfer the guardianship to another state. (b) Notice of a petition under subdivision (a) of this section must be given to the persons that […]

83.33 – Accepting Guardianship or Conservatorship Transferred From Another State.

§ 83.33 Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship of the person or guardianship of the property transferred to this state under provisions similar to section 83.31 of this article, the guardian of the person or guardian of the property must petition the court in this state […]

83.35 – Registration of Orders Appointing a Guardian of the Person.

§ 83.35 Registration of orders appointing a guardian of the person. If a guardian of the person by whatever name designated has been appointed in another state and a petition for the appointment of a guardian of the person is not pending in this state, the guardian of the person appointed in the other state, […]

83.37 – Registration of Protective Orders.

§ 83.37 Registration of protective orders. If a guardian of the property has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the property appointed in the other state, after giving notice to the appointing court of an intent to register, may register […]

83.39 – Effect of Registration.

§ 83.39 Effect of registration. (a) Upon registration of an order appointing a guardian of the person or protective order from another state, the guardian of the person or guardian of the property may exercise in this state all powers authorized in the order of appointment or protective order except as prohibited under the laws […]