72-5-619. 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 this state under 72-5-614(1)(a) or (1)(b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under 72-5-613, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to 72-5-613 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under 72-5-613, 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 this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
History: En. Sec. 15, 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