Section 5A–203. [Jurisdiction.]
A court of the commonwealth has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) the commonwealth is the respondent's home state;
(2) on the date the petition is filed, the commonwealth is a significant-connection state and:
(A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because the commonwealth is a more appropriate forum; or
(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:
(i) a petition for an appointment or order is not filed in the respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the court in the commonwealth concludes that it is an appropriate forum under the factors in section 5A–206;
(3) the commonwealth does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because the commonwealth is the more appropriate forum and jurisdiction in the commonwealth is consistent with the constitutions of the commonwealth and the United States; or
(4) the requirements for special jurisdiction under section 5A–204 are met.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 190b - Massachusetts Uniform Probate Code
Article 5a - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Section 5a-104 - Communication Between Courts
Section 5a-105 - Cooperation Between Courts
Section 5a-106 - Taking Testimony in Another State
Section 5a-201 - Definitions; Significant Connection Factors
Section 5a-202 - Exclusive Basis
Section 5a-204 - Special Jurisdiction
Section 5a-205 - Exclusive and Continuing Jurisdiction
Section 5a-206 - Appropriate Forum
Section 5a-207 - Jurisdiction Declined by Reason of Conduct
Section 5a-208 - Notice of Proceeding
Section 5a-209 - Proceedings in More Than One State
Section 5a-301 - Transfer of Guardianship or Conservatorship to Another State
Section 5a-302 - Accepting Guardianship or Conservatorship Transferred From Another State
Section 5a-401 - Registration of Guardianship Orders
Section 5a-402 - Registration of Protective Orders
Section 5a-403 - Effect of Registration
Section 5a-501 - Uniformity of Application and Construction
Section 5a-502 - Relation to Electronic Signatures in Global and National Commerce Act