(a) Judicial options.--If a court of this Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may exercise an option under any of the following paragraphs:
(1) Decline to exercise jurisdiction.
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to:
(i) ensure the health, safety and welfare of the respondent or the protection of the respondent's property; or
(ii) prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction.
(3) Continue to exercise jurisdiction after considering:
(i) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(ii) whether it is a more appropriate forum than the court of any other state under the factors set forth in section 5916(c) (relating to appropriate forum); and
(iii) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 5913 (relating to jurisdiction).
(b) Costs and fees.--If a court of this Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against the Commonwealth, a political subdivision or an instrumentality of the Commonwealth unless authorized by law other than this chapter.
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