RCW 11.90.250
In-state court declining jurisdiction.
(1) A court of this state having jurisdiction under RCW 11.90.220 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) of this section, 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.
[ 2020 c 312 § 503; 2009 c 81 § 12.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
11.90.030 - Foreign country treatment.
11.90.040 - Communications with out-of-state courts.
11.90.050 - Requests between in-state and out-of-state courts.
11.90.060 - Testimony and documentary evidence from another state.
11.90.210 - Exclusive jurisdictional basis.
11.90.220 - Appointing a guardian or issuing a protective order.
11.90.230 - Special jurisdiction.
11.90.240 - Exclusive jurisdiction for court appointing a guardian or issuing a protective order.
11.90.250 - In-state court declining jurisdiction.
11.90.260 - Jurisdiction required by unjustifiable conduct.
11.90.270 - Notice of petition requirements when not respondent's home state on filing date.
11.90.400 - Procedure for transfer of guardianship or conservatorship to an out-of-state court.
11.90.410 - Procedures for transfer of guardianship or conservatorship to Washington.
11.90.420 - Registering out-of-state guardianship.
11.90.430 - Registering an out-of-state protective order.
11.90.440 - Enforcement of guardianship or protective order from another state.
11.90.460 - Application of the federal electronic signatures in global and national commerce act.