§ 15-14.5-206 — Appropriate forum

Colorado § 15-14.5-206

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Uniform Adult Guardianship and

Text

(1) A court of this state having jurisdiction
under section 15-14.5-203 to appoint a guardian or issue a protective order may
decline to exercise its jurisdiction if it determines at any time that a court of
another state is a more appropriate forum.

(2) If a court of this state declines to exercise its jurisdiction under
subsection (1) of this section, it shall either dismiss or stay the proceeding. The
court may impose any condition the court considers just and proper, including the
condition that a petition for the appointment of a guardian or issuance of a
protective order be filed promptly in another state.

(3) In determining whether it is an appropriate forum, the court shall
consider all relevant factors, including:

(a) Any expressed preference of the respondent;

(b) Whether abuse, neglect, or exploitation of the respondent has occurred
or is likely to occur and which state could best protect the respondent from the
abuse, neglect, or exploitation;

(c) The length of time the respondent was physically present in or was a
legal resident of this or another state;

(d) The distance of the respondent from the court in each state;

(e) The financial circumstances of the respondent's estate;

(f) The nature and location of the evidence;

(g) The ability of the court in each state to decide the issue expeditiously and
the procedures necessary to present evidence;

(h) The familiarity of the court of each state with the facts and issues in the
proceeding; and

(i) If an appointment were made, the court's ability to monitor the conduct of
the guardian or conservator.

Legislative History

Source: L. 2008: Entire article added, p. 793, � 1, effective May 14.