(a) In this subchapter: (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 […]
This subchapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
A 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 not have a home state or a court […]
(a) A court of this state lacking jurisdiction under § 28-74-203(1)-(3) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or […]
Except as otherwise provided in § 28-74-204, 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.
(a) A court of this state having jurisdiction under § 28-74-203 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 a court of this state declines to exercise its jurisdiction […]
(a) If at any time a 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 purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare […]
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, in addition to complying with the notice requirements of this state, notice of the petition must be given to […]
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 § 28-74-204(a)(1) or (2) or § 28-74-204(c), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and […]
