§ 28-65-202 — Venue

(a) The venue for the appointment of a guardian shall be: (1) In the county of this state which is the domicile of the incapacitated person; (2) If the incapacitated person is not domiciled in this state, but resides in this state, then in the county of his or her residence; or (3) If the incapacitated person is neither domiciled nor resides in this state, then in the county in this state in which his or her property, or the greater part of it in value, is situated. (b) (1) If proceedings are commenced in more than one (1) county, they shall be stayed, except in the county where first commenced, until final determination of venue by the circuit court of the county where first commenced. If the proper venue is finally determined to be in another county, the court shall transmit the original file to the proper county. (2) The proceeding shall be deemed commenced by the filing of a petition, and the proceeding first legally commenced to appoint a guardian of the estate, or of the person and the estate, shall extend to all of the property of the incapacitated person in this state. (c) (1) If it appears to the court at any time before the termination of the guardianship that the proceeding was commenced in a county of improper venue, the court shall order the proceeding transferred to another circuit court. (2) If it appears that the residence of the ward or of the guardian has been changed to another county or, in case of guardianship of the estate, that a transfer would be for the best interest of the ward and his or her estate, then the court in its discretion may order the proceedings transferred to another circuit court. (3) However, in case of any transfer of proceedings, all pertinent papers, files, and certified copies of any court orders shall be transferred to the receiving court. (4) In case of transfer, the receiving court shall complete the proceedings as if originally commenced in it.

Legislative History

Acts 1985, No. 940, § 7; A.S.A. 1947, § 57-826.