475.526 - Appropriate forum.

Steven Groce, Attorney Advertisement

1.A court of this state having jurisdiction under section 475.523 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.

2.If a court of this state declines to exercise its jurisdiction under subsection 1 of this section, it shall either dismiss or stay the proceeding.The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.

3.In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(1)Any expressed preference of the respondent;

(2)Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;

(3)The length of time the respondent was physically present in or was a legal resident of this or another state;

(4)The distance of the respondent from the court in each state;

(5)The financial circumstances of the respondent's estate;

(6)The nature and location of the evidence;

(7)The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(8)The familiarity of the court of each state with the facts and issues in the proceeding; and

(9)If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)