§ 33-15.2-206. Declining jurisdiction if another court is a more appropriate forum.
(a) A court of this state having jurisdiction under § 33-15.2-203 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) If a court of this state declines jurisdiction over a guardianship or protective proceeding under subsection (a) of this section, it shall either dismiss the proceeding or stay the proceeding. The court may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.
(c) 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 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.
History of Section.P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Section 33-15.2-101. - Short title.
Section 33-15.2-102. - Definitions.
Section 33-15.2-103. - International application of chapter.
Section 33-15.2-104. - Communication between courts.
Section 33-15.2-105. - Cooperation between courts.
Section 33-15.2-106. - Taking testimony in another state.
Section 33-15.2-201. - Significant connection factors.
Section 33-15.2-202. - Exclusive basis.
Section 33-15.2-203. - Initial jurisdiction.
Section 33-15.2-204. - Special cases.
Section 33-15.2-205. - Exclusive and continuing jurisdiction.
Section 33-15.2-206. - Declining jurisdiction if another court is a more appropriate forum.
Section 33-15.2-207. - Jurisdiction declined by reason of conduct.
Section 33-15.2-208. - Notice of proceeding.
Section 33-15.2-209. - Proceedings in more than one state.
Section 33-15.2-301. - Petition to transfer jurisdiction to another state.
Section 33-15.2-302. - Petition to accept proceeding transferred from another state.
Section 33-15.2-401. - Registration of guardianship orders.
Section 33-15.2-402. - Registration of protective orders.
Section 33-15.2-403. - Effect of registration.
Section 33-15.2-501. - Uniformity of application and construction.
Section 33-15.2-502. - Relation to electronic signatures in global and national commerce act.