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This entry was published on 2014-09-22
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SECTION 83.23
Appropriate forum
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 83
§ 83.23 Appropriate forum.

(a) A court of this state having jurisdiction under section 83.17 of
this article to appoint a guardian of the person 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 to exercise its jurisdiction
under subdivision (a) 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 of the person or issuance of a protective
order be filed promptly 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.