Section 5A–209. [Proceedings in More than One State.]
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the commonwealth under paragraph (1) or (2) of subsection (a) of section 5A–204, if a petition for the appointment of a guardian or issuance of a protective order is filed in the commonwealth and in another state and neither petition has been dismissed or withdrawn, the following rules apply: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 section 5A–203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 5A–203 before the appointment or issuance of the order.
(2) If the court in the commonwealth does not have jurisdiction under section 5A–203, 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.
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