Section 5A–207. [Jurisdiction Declined by Reason of Conduct.]
(a) If at any time a court of the commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the factors in subsection (c) of section 5A–206; and
(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 5A–203.
(b) If a court of the commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against the commonwealth or a governmental subdivision, agency or instrumentality of the commonwealth unless authorized by law other than the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
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