§560:5-108 - Venue.
§560:5-108 Venue. (a) Venue for a
guardianship proceeding for a minor is in the circuit of this State in which
the minor resides or is present at the time the proceeding is commenced.
(b) Venue for a guardianship proceeding for an
incapacitated person:
(1) Is in the circuit of this State in
which the respondent resides; or
(2) If the respondent has been admitted to an
institution by order of a court of competent jurisdiction, is in the circuit in
which the court is located.
Venue for the appointment of an emergency or a
temporary substitute guardian of an incapacitated person is also in the circuit
in which the respondent is present.
(c) Venue for a protective proceeding is in
the circuit of this State in which the respondent resides, whether or not a
guardian has been appointed in another place or, if the respondent does not
reside in this State, in any circuit of this State in which property of the
respondent is located.
(d) If a proceeding under this article is
brought in more than one circuit in this State, the court of the circuit in
which the proceeding is first brought shall have the exclusive right to proceed
unless that court determines that venue is properly in another court or that
the interests of justice otherwise require that the proceeding be transferred.
[L 2004, c 161, pt of §1]