A court of this Commonwealth has jurisdiction to appoint a guardian or issue a protective order for a respondent if one of the following paragraphs applies:
(1) This Commonwealth is the respondent's home state.
(2) On the date the petition is filed, all of the following subparagraphs apply:
(i) This Commonwealth is a significant-connection state.
(ii) One of the following clauses applies:
(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 Commonwealth is a more appropriate forum or has declined to exercise jurisdiction in a manner not inconsistent with a determination that this Commonwealth is a more appropriate forum.
(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 Commonwealth concludes that it is an appropriate forum under the factors set forth in section 5916 (relating to appropriate forum).
(3) All of the following subparagraphs apply:
(i) This Commonwealth does not have jurisdiction under either paragraph (1) or (2).
(ii) The respondent's home state and all significant-connection states have declined to exercise jurisdiction because this Commonwealth is the more appropriate forum or has declined to exercise jurisdiction in a manner not inconsistent with a determination that this Commonwealth is a more appropriate forum.
(iii) Jurisdiction in this Commonwealth is consistent with the Constitution of the United States and the Constitution of Pennsylvania.
(4) The requirements for special jurisdiction under section 5914 (relating to special jurisdiction) are met.
Cross References. Section 5913 is referred to in sections 5911, 5914, 5916, 5917, 5919 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 59 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction
Section 5901 - Short title of chapter
Section 5903 - International application of chapter
Section 5904 - Communication between courts
Section 5905 - Cooperation between courts
Section 5906 - Taking testimony in another state
Section 5911 - Definitions; significant connection factors
Section 5912 - Exclusive basis
Section 5914 - Special jurisdiction
Section 5915 - Exclusive and continuing jurisdiction
Section 5916 - Appropriate forum
Section 5917 - Jurisdiction declined by reason of conduct
Section 5918 - Notice of proceeding
Section 5919 - Proceedings in more than one state
Section 5921 - Transfer of guardianship or conservatorship to another state
Section 5922 - Accepting guardianship or conservatorship transferred from another state
Section 5931 - Registration of guardianship orders
Section 5932 - Registration of protective orders
Section 5933 - Effect of registration
Section 5991 - Uniformity of application and construction
Section 5992 - Relation to Electronic Signatures in Global and National Commerce Act