29A-5A-203. Jurisdiction.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1)This state is the respondent's home state;
(2)On the date the petition is filed, this state is a significant-connection state and:
(A)The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B)The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i)A petition for an appointment or order is not filed in the respondent's home state;
(ii)An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii)The court in this state concludes that it is an appropriate forum under the factors set forth in §29A-5A-206;
(3)This state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4)The requirements for special jurisdiction under §29A-5A-204 are met.
Source: SL 2011, ch 135, §203.
Structure South Dakota Codified Laws
Title 29A - Uniform Probate Code
Chapter 05A - Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act
Section 29A-5A-101 - Citation of chapter.
Section 29A-5A-102 - Definitions.
Section 29A-5A-103 - International application of chapter.
Section 29A-5A-104 - Communication between courts.
Section 29A-5A-105 - Cooperation between courts.
Section 29A-5A-106 - Taking testimony in another state.
Section 29A-5A-201 - Definitions--Significant connection factors.
Section 29A-5A-202 - Exclusive basis.
Section 29A-5A-203 - Jurisdiction.
Section 29A-5A-204 - Special jurisdiction.
Section 29A-5A-205 - Exclusive and continuing jurisdiction.
Section 29A-5A-206 - Appropriate forum.
Section 29A-5A-207 - Jurisdiction declined by reason of conduct.
Section 29A-5A-208 - Notice of proceeding.
Section 29A-5A-209 - Proceedings in more than one state.
Section 29A-5A-301 - Transfer of guardianship or conservatorship to another state.
Section 29A-5A-401 - Registration of guardianship orders.
Section 29A-5A-402 - Registration of protective orders.
Section 29A-5A-403 - Effect of registration.
Section 29A-5A-501 - Uniformity of application and construction.
Section 29A-5A-502 - Relation to Electronic Signatures in Global and National Commerce Act.