72-5-613. Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) this state is the respondent's home state;
(2) on the date the petition is filed, this state 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 this state 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 this state concludes that it is an appropriate forum under the factors set forth in 72-5-616;
(3) this state does not have jurisdiction under either subsection (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under 72-5-614 are met.
History: En. Sec. 9, Ch. 236, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship
Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
72-5-603. International application
72-5-604. Communication between courts
72-5-605. Cooperation between courts
72-5-606. Taking testimony in another state
72-5-607. through 72-5-610 reserved
72-5-611. Definitions -- significant connection factors
72-5-614. Special jurisdiction
72-5-615. Exclusive and continuing jurisdiction
72-5-617. Jurisdiction declined by reason of conduct
72-5-618. Notice of proceeding
72-5-619. Proceedings in more than one state
72-5-620. through 72-5-623 reserved
72-5-624. Transfer of guardianship or conservatorship to another state
72-5-625. Accepting guardianship or conservatorship transferred from another state
72-5-626. through 72-5-628 reserved
72-5-629. Registration of guardianship orders
72-5-630. Registration of protective orders
72-5-631. Effect of registration
72-5-632. through 72-5-635 reserved
72-5-636. Uniformity of application and construction
72-5-637. Relation to Electronic Signatures in Global and National Commerce Act