uniform adult guardianship and protective proceedings jurisdiction act

(1) appoint a guardian in an emergency for a term not exceeding [90] days for arespondent who is physically present in this state;located in this state;(2) issue a protective order with respect to real or tangible personal property(3) appoint a guardian or conservator for an incapacitated or protected person forwhom a provisional order to transfer the proceeding from another state has been issued underprocedures similar to Section 301.(b) If a petition for the appointment of a guardian in an emergency is brought in thisstate and this state was not the respondent’s home state on the date the petition was filed, thecourt shall dismiss the proceeding at the request of the court of the home state, if any, whetherdismissal is requested before or after the emergency appointment.CommentThis section lists the special circumstances where a court without jurisdiction under thegeneral rule of Section 203 has jurisdiction for limited purposes. The three purposes are (1) theappointment of a guardian in an emergency for a term not exceeding 90 days for a respondentwho is physically located in the state (subsection (a)(1)); (2) the issuance of a protective orderfor a respondent who owns an interest in real or tangible personal property located in the state(subsection (a)(2)); and (3) the grant of jurisdiction to consider a petition requesting the transferof a guardianship or conservatorship proceeding from another state (subsection (a)(3)). If thecourt has jurisdiction under Section 203, reference to Section 204 is unnecessary. The generaljurisdiction granted under Section 203 includes within it all of the special circumstancesspecified in this section.When an emergency arises, action must often be taken on the spot in the place where therespondent happens to be physically located at the time. This place may not necessarily belocated in the respondent’s home state or even a significant-connection state. Subsection (a)(1)assures that the court where the respondent happens to be physically located at the time hasjurisdiction to appoint a guardian in an emergency but only for a limited period of 90 days. Thetime limit is placed in brackets to signal that enacting states may substitute the time period undertheir existing emergency guardianship procedures. As provided in subsection (b), the emergencyjurisdiction is also subject to the authority of the court in the respondent’s home state to requestthat the emergency proceeding be dismissed. The theory here is that the emergency appointmentin the temporary location should not be converted into a de facto permanent appointment21