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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

previous next Effective - 28 Aug 2011bottom

  475.526.  Appropriate forum. — 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.

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


---- end of effective   28 Aug 2011 ----

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