§ 28-35-11 — (206) Appropriate forum

North Dakota § 28-35-11

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-35: Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Text

1. A court of this state having jurisdiction under section 28-35-08 to appoint a guardian or
issue a protective order may decline to exercise its jurisdiction if the court 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, the court
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 a court 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.