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§ 13.5-204. Court decline of jurisdiction

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2010

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 13.5. Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Refs & Annos)
Subtitle 2. Jurisdiction (Refs & Annos)
Effective: October 1, 2010
MD Code, Estates and Trusts, § 13.5-204
§ 13.5-204. Court decline of jurisdiction
Currentness
In general
(a) A court of this State having jurisdiction under § 13.5-201 of this subtitle to appoint a guardian or issue a protective order may decline to exercise jurisdiction if the court determines at any time that a court of another state is a more appropriate forum.
Dismissal or stay of proceeding
(b)(1) If a court of this State declines jurisdiction over a guardianship proceeding or protective proceeding under subsection (a) of this section, the court shall either dismiss the proceeding or stay the proceeding.
(2) A court under paragraph (1) of this subsection may impose any other 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.
Appropriateness of forum
(c) In determining whether the court is an appropriate forum, a court shall consider all relevant factors, including:
(1) An 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 located in or was a legal resident of this State or another state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the estate of the respondent;
(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 ability of the court to monitor the conduct of the guardian or conservator.

Credits

Added by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010.
MD Code, Estates and Trusts, § 13.5-204, MD EST & TRST § 13.5-204
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document