§ 30-3912 — Appropriate forum

Nebraska § 30-3912

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

Text

(1) A court of this
state having jurisdiction under section 30-3909 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: Laws 2011, LB157, § 16.