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This entry was published on 2014-09-22
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SECTION 83.25
Jurisdiction declined by reason of conduct
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 83
§ 83.25 Jurisdiction declined by reason of conduct.

(a) If at any time a court of this state determines that it acquired
jurisdiction to appoint a guardian of the person or issue a protective
order because of unjustifiable conduct, the court may:

1. decline to exercise jurisdiction;

2. 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 of the
person or issuance of a protective order is filed in a court of another
state having jurisdiction; or

3. 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 subdivision (c) of section
83.23 of this article; and

(iii) whether the court of any other state would have jurisdiction
under factual circumstances in substantial conformity with the
jurisdictional standards of section 83.17 of this article.

(b) If a court of this state determines that it acquired jurisdiction
to appoint a guardian of the person 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 attorney's 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 article.