§ 15-14-108 — Venue

(1) Venue for a guardianship proceeding for a minor is in
the county of this state in which the minor resides or is present at the time the
proceeding is commenced.

(2) Venue for a guardianship proceeding for an incapacitated person is in the
county of this state in which the respondent resides and, if the respondent has been
admitted to an institution by order of a court of competent jurisdiction, in the
county in which the court is located. Venue for the appointment of an emergency or
a temporary substitute guardian of an incapacitated person is also in the county in
which the respondent is present.

(3) Venue for a protective proceeding is in the county of this state in which
the respondent resides, whether or not a guardian has been appointed in another
place or, if the respondent does not reside in this state, in any county of this state in
which property of the respondent is located.

(4) If a proceeding under parts 1 to 4 of this article is brought in more than
one county in this state, the court of the county in which the proceeding is first
brought has the exclusive right to proceed unless that court determines that venue
is properly in another court or that the interests of justice otherwise require that the
proceeding be transferred.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1781, � 1, effective January 1, 2001 (see � 15-17-103).