(a) Decline to exercise jurisdiction.--A court of this Commonwealth having jurisdiction under section 5913 (relating to jurisdiction) 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.
(b) Procedure.--If a court of this Commonwealth declines to exercise its jurisdiction under subsection (a), 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.
(c) Consideration.--In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) 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;
(3) the length of time the respondent was physically present in or was a legal resident of this Commonwealth or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Cross References. Section 5916 is referred to in sections 5913, 5917 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