§560:5-106  Subject matter jurisdiction. 
This article applies to, and the court has jurisdiction over, guardianship and
related proceedings for individuals domiciled or present in this State,
protective proceedings for individuals domiciled in or having property located
in this State, and property coming into the control of a guardian or
conservator who is subject to the laws of this State.



(1)  Circuit court jurisdiction.  The circuit court
shall have concurrent jurisdiction over guardianships and related proceedings
concerning incapacitated adults.  The circuit court shall not have jurisdiction
over guardianships and related proceedings concerning minors.  The circuit
court shall have exclusive jurisdiction over conservatorship proceedings and
those proceedings under part 4 of this article, for both adults and minors;



(2)  Family court jurisdiction.  The family court
shall have exclusive jurisdiction over guardianships and related proceedings
concerning minors and concurrent jurisdiction over guardianship and related
proceedings concerning incapacitated adults.  The family court shall have
exclusive jurisdiction over guardianship proceedings concerning minors,
regardless of whether the proceeding is based upon the minor's age or the
minor's status as an incapacitated person; and



(3)  Consolidation of proceedings regarding same
person.  Where protective and guardianship proceedings relating to the same
person have been initiated, they may be consolidated in the court as the court
in the exercise of its discretion shall determine. [L 2004, c 161, pt of §1]



 



Cross References



 



  Effect of L 2004, c 161 amendments, see §560:8-301.



 



Case Notes



 



  Family court had subject matter jurisdiction to issue
temporary restraining order under paragraphs (2) and (3) and §§571-8.5 and
560:1-302(b), where resolution of ward's capacity was required to be resolved,
and an apparent threat of ward's removal from the court's jurisdiction was
alleged.  113 H. 211, 151 P.3d 692.