RCW 11.90.260
Jurisdiction required by unjustifiable conduct.
(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a) Decline to exercise jurisdiction;
(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or 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; or
(c) 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 RCW 11.90.250(3); and
(iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of RCW 11.90.220.
(2) If a court of this state 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 attorneys' 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 this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
[ 2009 c 81 § 13.]
NOTES:
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.