72-5-616. Appropriate forum. (1) A court of this state having jurisdiction under 72-5-613 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(2) If a court of this state declines to exercise its jurisdiction under subsection (1), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(a) any expressed preference of the respondent;
(b) 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;
(c) the length of time the respondent was physically present in or was a legal resident of this or another state;
(d) the distance of the respondent from the court in each state;
(e) the financial circumstances of the respondent's estate;
(f) the nature and location of the evidence;
(g) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h) the familiarity of the court of each state with the facts and issues in the proceeding; and
(i) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
History: En. Sec. 12, 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