75-5b-205 - Declining jurisdiction if another court is a more appropriate forum. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-05b > 75-5b-205

75-5b-205. Declining jurisdiction if another court is a more appropriate forum.
(1) A court of this state having jurisdiction under Section 75-5b-202 to appoint aguardian or issue a protective order may decline to exercise its jurisdiction if it determines at anytime 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), it shalleither dismiss or stay the proceeding. The court may impose any other condition the courtconsiders just and proper, including the condition that a petition for the appointment of aguardian or issuance of a protective order be promptly filed in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevantfactors, including:
(a) any expressed preference of the respondent;
(b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely tooccur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c) the length of time the respondent was physically located in or was a legal resident ofthis or another state;
(d) the distance of the respondent from the court in each state;
(e) the financial circumstances of the respondent's estate;
(f) the nature and location of the evidence;
(g) the ability of the court in each state to decide the issue expeditiously and theprocedures necessary to present evidence;
(h) the familiarity of the court of each state with the facts and issues in the proceeding;and
(i) if an appointment were made, the court's ability to monitor the conduct of theguardian or conservator.

Enacted by Chapter 253, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05b > 75-5b-205

75-5b-205. Declining jurisdiction if another court is a more appropriate forum.
(1) A court of this state having jurisdiction under Section 75-5b-202 to appoint aguardian or issue a protective order may decline to exercise its jurisdiction if it determines at anytime 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), it shalleither dismiss or stay the proceeding. The court may impose any other condition the courtconsiders just and proper, including the condition that a petition for the appointment of aguardian or issuance of a protective order be promptly filed in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevantfactors, including:
(a) any expressed preference of the respondent;
(b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely tooccur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c) the length of time the respondent was physically located in or was a legal resident ofthis or another state;
(d) the distance of the respondent from the court in each state;
(e) the financial circumstances of the respondent's estate;
(f) the nature and location of the evidence;
(g) the ability of the court in each state to decide the issue expeditiously and theprocedures necessary to present evidence;
(h) the familiarity of the court of each state with the facts and issues in the proceeding;and
(i) if an appointment were made, the court's ability to monitor the conduct of theguardian or conservator.

Enacted by Chapter 253, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-05b > 75-5b-205

75-5b-205. Declining jurisdiction if another court is a more appropriate forum.
(1) A court of this state having jurisdiction under Section 75-5b-202 to appoint aguardian or issue a protective order may decline to exercise its jurisdiction if it determines at anytime 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), it shalleither dismiss or stay the proceeding. The court may impose any other condition the courtconsiders just and proper, including the condition that a petition for the appointment of aguardian or issuance of a protective order be promptly filed in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevantfactors, including:
(a) any expressed preference of the respondent;
(b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely tooccur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c) the length of time the respondent was physically located in or was a legal resident ofthis or another state;
(d) the distance of the respondent from the court in each state;
(e) the financial circumstances of the respondent's estate;
(f) the nature and location of the evidence;
(g) the ability of the court in each state to decide the issue expeditiously and theprocedures necessary to present evidence;
(h) the familiarity of the court of each state with the facts and issues in the proceeding;and
(i) if an appointment were made, the court's ability to monitor the conduct of theguardian or conservator.

Enacted by Chapter 253, 2008 General Session