§ 3161. Definitions; significant connection factors (a) In this subchapter: (1) “Emergency” means a circumstance that likely will result in serious and irreparable harm to a respondent’s physical 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 […]
§ 3162. Exclusive basis This subchapter provides the exclusive jurisdictional basis for a Probate Division of the Superior Court of this State to appoint a guardian or issue a protective order for an adult. The Probate Division of the Superior Court shall have exclusive original jurisdiction to determine whether this State has jurisdiction pursuant to […]
§ 3163. Jurisdiction A Probate Division of the Superior Court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this State is the respondent’s home state; (2) on the date the petition is filed, this State is a significant-connection state and: (A) the respondent does […]
§ 3164. Special jurisdiction (a) A Probate Division of the Superior Court of this State lacking jurisdiction under section 3163 of this title 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 […]
§ 3165. Exclusive and continuing jurisdiction Except as otherwise provided in section 3164 of this title, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive jurisdiction over the proceeding until jurisdiction is terminated by the Probate Division or the appointment or order expires by its own […]
§ 3166. Appropriate forum (a) A Probate Division of the Superior Court of this State having jurisdiction under section 3163 of this title 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. […]
§ 3167. Jurisdiction declined by reason of conduct (a) If at any time a Probate Division of the Superior Court of this State 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 […]
§ 3168. Notice of proceeding If a petition for the appointment of a 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, the petitioner shall comply with the notice requirements of this State and shall give […]
§ 3169. 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 this State under subdivision 3164(a)(1) or (2) of this title, if a petition for the appointment of a guardian or issuance of a […]
