uniform adult guardianship and protective proceedings jurisdiction act

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home state;to be notified of the proceeding; and;the factors set forth in Section 206;(ii) an objection to the court’s jurisdiction is not filed by a person required(iii) the court in this state concludes that it is an appropriate forum under(3) this state does not have jurisdiction under either paragraph (1) or (2), the respondent’shome state and all significant-connection states have declined to exercise jurisdiction becausethis state is the more appropriate forum, and jurisdiction in this state is consistent with theconstitutions of this state and the United States; or(4) the requirements for special jurisdiction under Section 204 are met.CommentSimilar to the Uniform Child Jurisdiction and Enforcement Act (1997), this Act creates athree-level priority for determining which state has jurisdiction to appoint a guardian or issue aprotective order; the home state (defined in Section 201(a)(2)), followed by a significantconnectionstate (defined in Section 201(a)(3)), followed by other jurisdictions. The principalobjective of this section is to eliminate the possibility of dual appointments or orders except forthe special circumstances specified in Section 204.While this section is the principal provision for determining whether a particular courthas jurisdiction to appoint a guardian or issue a protective order, it is not the only provision. Asindicated in the cross-reference in Section 203(4), a court that does not otherwise havejurisdiction under Section 203 may have jurisdiction under the special circumstances specified inSection 204.Pursuant to Section 203(1), the home state has primary jurisdiction to appoint a guardianor conservator or issue another type of protective order. This jurisdiction terminates if the stateceases to be the home state, if a court of the home state declines to exercise jurisdiction underSection 206 on the basis that another state is a more appropriate forum, or, as provided inSection 205, a court of another state has appointed a guardian or issued a protective orderconsistent with this Act. The standards by which a home state that has enacted the Act maydecline jurisdiction on the basis that another state is a more appropriate forum are specified inSection 206. Should the home state not have enacted the Act, Section 203(1) does not requirethat the declination meet the standards of Section 206.19
Once a petition is filed in a court of the respondent’s home state, that state does not ceaseto be the respondent’s home state upon the passage of time even though it may be many monthsbefore an appointment is made or order issued and during that period the respondent isphysically located. Only upon dismissal of the petition can the court cease to be the home statedue to the passage of time. Under the definition of “home state,” the six-month physicalpresence requirement is fulfilled or not on the date the petition is filed. See Section 201(a)(2).A significant-connection state has jurisdiction under two possible bases; Section203(2)(A) and Section 203(2)(B). Under Section 203(2)(A), a significant-connection state hasjurisdiction if the individual does not have a home state or if the home state has declinedjurisdiction on the basis that the significant-connection state is a more appropriate forum.Section 203(2)(B) is designed to facilitate consideration of cases where jurisdiction is notin dispute. Section 203(2)(B) allows a court in a significant-connection state to exercisejurisdiction even though the respondent has a home state and the home state has not declinedjurisdiction. The significant-connection state may assume jurisdiction under thesecircumstances, however, only in situations where the parties are not in disagreement concerningwhich court should hear the case. Jurisdiction may not be exercised by a significant-connectionstate under Section 203(2)(B) if (1) a petition has already been filed and is still pending in thehome state or other significant-connection state; or (2) prior to making the appointment orissuing the order, a petition is filed in the respondent’s home state or an objection to the court’sjurisdiction is filed by a person required to be notified of the proceeding. Additionally, the courtin the significant-connection state must conclude that it is an appropriate forum applying thefactors listed in Section 206.There is nothing comparable to Section 203(2)(B) in the Uniform Child CustodyJurisdiction and Enforcement Act (1997). Under Section 201 of the UCCJEA a court in asignificant-connection state acquires jurisdiction only if the child does not have a home state orthe court of that state has declined jurisdiction. The drafters of this Act concluded that casesinvolving adults differed sufficiently from child custody matters that a different rule isappropriate for adult proceedings in situations where jurisdiction is uncontested.Pursuant to Section 203(3), a court in a state that is neither the home state or asignificant-connection state has jurisdiction if the home state and all significant-connectionstates have declined jurisdiction or the respondent does not have a home state or significantconnectionstate. The state must have some connection with the proceeding, however. AsSection 203(a)(3) clarifies, jurisdiction in the state must be consistent with the state and UnitedStates constitutions.SECTION 204. SPECIAL JURISDICTION.(a) A court of this state lacking jurisdiction under Section 203 has special jurisdiction todo any of the following:20
Page 2 and 3: ABOUT NCCUSLThe National Conference
Page 4 and 5: UNIFORM ADULT GUARDIANSHIP AND PROT
Page 9: petition for an appointment or orde
Page 12 and 13: protective proceedings statute].(3)
Page 14 and 15: ad litem, who is ordinarily appoint
Page 16 and 17: listened to a conference call betwe
Page 18 and 19: manner in which and the terms upon
Page 20 and 21: [ARTICLE] 2JURISDICTIONGeneral Comm
Page 22 and 23: this section and not in Section 102
Page 26 and 27: (1) appoint a guardian in an emerge
Page 28 and 29: substantial evidence. Section 203 o
Page 30 and 31: Enforcement Act (1997) except that
Page 32 and 33: notice requirements of this state,
Page 34 and 35: [ARTICLE] 3TRANSFER OF GUARDIANSHIP
Page 36 and 37: (b) Notice of a petition under subs
Page 38 and 39: court shall hold a hearing on a pet
Page 40 and 41: in a court of this state, in any [c
Page 42: [the effective date], regardless of

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