§ 30-3909 — Jurisdiction

Nebraska § 30-3909

• Jurisdiction: Nebraska
• Ch. 30: Decedents' Estates; Protection of Persons and Property

Text

A court of this state has jurisdiction
to appoint a guardian or issue a protective order for a respondent if:
(1) This state
is the respondent's home state;
(2) On the date the petition is filed,
this state is a significant-connection state and:
(a) The respondent does
not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or
(b) The respondent
has a home state, a petition for an appointment or order is not pending in
a court of that state or another significant-connection state, and, before
the court makes the appointment or issues the order:
(i) A petition for an
appointment or order is not filed in the respondent's home state;
(ii) An objection
to the court's jurisdiction is not filed by a person required to be notified
of the proceeding; and
(iii) The court in this state concludes that it is an appropriate
forum under the factors set forth in section 30-3912 ;
(3) This state does not
have jurisdiction under either subdivision (1) or (2) of this section, the
respondent's home state and all significant-connection states have declined
to exercise jurisdiction because this state is the more appropriate forum,
and jurisdiction in this state is consistent with the constitutions of this
state and the United States; or
(4) The requirements for special jurisdiction
under section 30-3910 are met.

Legislative History

Source: Laws 2011, LB157, § 13.