§ 13:4251.207 — Jurisdiction declined by reason of conduct

Louisiana § 13:4251.207

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§4251.207. Jurisdiction declined by reason of conduct
A. If at any time a court of this state determines that it acquired jurisdiction to
appoint a guardian or issue a protective order because of unjustifiable conduct, the court may
do any of the following:
(1) Decline to exercise jurisdiction.
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy
to ensure the health, safety, and welfare of the respondent or the protection of the
respondent's property or prevent a repetition of the unjustifiable conduct, including staying
the proceeding until a petition for the appointment of a guardian or issuance of a protective
order is filed in a court of another state having jurisdiction.
(3) Continue to exercise jurisdiction after considering:
(a) The extent to which the respondent and all persons required to be notified of the
proceedings have acquiesced in the exercise of the court's jurisdiction.
(b) Whether it is a more appropriate forum than the court of any other state under the
factors set forth in R.S. 13:4251.206(C).
(c) Whether the court of any other state would have jurisdiction under factual
circumstances in substantial conformity with the jurisdictional standards of R.S.
13:4251.203.
B. If a court of this state determines that it acquired jurisdiction to appoint a guardian
or issue a protective order because a party seeking to invoke its jurisdiction engaged in
unjustifiable conduct, it may assess against that party necessary and reasonable expenses,
including attorney fees, investigative fees, court costs, communication expenses, witness fees
and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any
kind against this state or a governmental subdivision, agency, or instrumentality of this state
unless authorized by law other than this Chapter.

Legislative History

Acts 2016, No. 333, §1.