Maryland Statutes
Subtitle 2 - Jurisdiction
Section 13.5-204 - Jurisdiction Declined -- in General

(a)    A court of this State having jurisdiction under § 13.5–201 of this subtitle to appoint a guardian or issue a protective order may decline to exercise jurisdiction if the court determines at any time that a court of another state is a more appropriate forum.
    (b)    (1)    If a court of this State declines jurisdiction over a guardianship proceeding or protective proceeding under subsection (a) of this section, the court shall either dismiss the proceeding or stay the proceeding.
        (2)    A court under paragraph (1) of this subsection may impose any other 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.
    (c)    In determining whether the court is an appropriate forum, a court shall consider all relevant factors, including:
        (1)    An 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 located in or was a legal resident of this State or another state;
        (4)    The distance of the respondent from the court in each state;
        (5)    The financial circumstances of the estate of the respondent;
        (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 ability of the court to monitor the conduct of the guardian or conservator.

Structure Maryland Statutes