§ 28-35-12 — (207) Jurisdiction declined by reason of conduct

1. If at any time a court of this state determines that the court acquired jurisdiction to
appoint a guardian or issue a protective order because of unjustifiable conduct, the
court may:
a. Decline to exercise jurisdiction;
b. 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; or
c. Continue to exercise jurisdiction after considering:
(1) 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;
(2) Whether it is a more appropriate forum than the court of any other state
under the factors set forth in subsection 3 of section 28-35-11; and
(3) Whether the court of any other state would have jurisdiction under factual
circumstances in substantial conformity with the jurisdictional standards of
section 28-35-09.
2. If a court of this state determines that the court acquired jurisdiction to appoint a
guardian or issue a protective order because a party seeking to invoke its jurisdiction
engaged in unjustifiable conduct, the court may assess against that party necessary
and reasonable expenses, including attorney's 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.