§ 30-3913 — Jurisdiction declined by reason of conduct

Nebraska § 30-3913

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

Text

(1)
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:
(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:
(i) 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;
(ii) Whether it is a
more appropriate forum than the court of any other state under the factors
set forth in subsection (3) of section 30-3912 ; and
(iii) Whether the court
of any other state would have jurisdiction under factual circumstances in
substantial conformity with the jurisdictional standards of section 30-3909 .
(2) If a court
of this state determines that it acquired jurisdiction to appoint a guardian
or issued 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'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 the Nebraska Uniform Adult Guardianship
and Protective Proceedings Jurisdiction Act.

Legislative History

Source: Laws 2011, LB157, § 17.