Except for a petition for the appointment of a guardian in an emergency or issuance of a conservatorship order limited to property located in the Commonwealth under subdivision A 1 or A 2 of § 64.2-2108, if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in the Commonwealth and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
1. If the court in the Commonwealth has jurisdiction under § 64.2-2107, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 64.2-2107 before the appointment or issuance of the order.
2. If the court in the Commonwealth does not have jurisdiction under § 64.2-2107, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in the Commonwealth shall dismiss the petition unless the court in the other state determines that the court in the Commonwealth is a more appropriate forum.
2011, c. 518, § 37.2-1045; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 21 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
§ 64.2-2101. International application of chapter
§ 64.2-2102. Communication between courts
§ 64.2-2103. Cooperation between courts
§ 64.2-2104. Taking testimony in another state
§ 64.2-2105. Definitions; significant connection factors
§ 64.2-2108. Special jurisdiction
§ 64.2-2109. Exclusive and continuing jurisdiction
§ 64.2-2110. Appropriate forum
§ 64.2-2111. Jurisdiction declined by reason of conduct
§ 64.2-2112. Notice of proceeding
§ 64.2-2113. Proceedings in more than one state
§ 64.2-2114. Transfer of guardianship or conservatorship to another state
§ 64.2-2115. Accepting guardianship or conservatorship transferred from another state
§ 64.2-2116. Registration of guardianship orders
§ 64.2-2117. Registration of conservatorship orders
§ 64.2-2118. Effect of registration
§ 64.2-2119. Uniformity of application and construction
§ 64.2-2120. Relation to electronic signatures in global and national commerce act