§ 83.17 — Jurisdiction

New York § 83.17

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 83: Uniform Guardianship and Protective Proceedings Jurisdiction Act

Text

§ 83.17 Jurisdiction.\n A court of this state has jurisdiction to appoint a guardian of the\nperson or issue a protective order for a respondent if:\n (a) the state is the respondent's home state;\n (b) on the date the petition is filed, this state is a\nsignificant-connection state and:\n 1. the respondent does not have a home state or a court of the\nrespondent's home state has declined to exercise jurisdiction because\nthis state is a more appropriate forum; or\n 2. the respondent has a home state, a petition for an appointment or\norder is not pending in a court of that state or another significant\nconnection state, and before the court makes the appointment or issues\nthe order:\n (i) a petition for an appointment or order is not filed in the\nrespondent's home state;\n (ii) an objection to the court's jurisdiction is not filed by a person\nrequired to be notified of the proceeding; and\n (iii) the court in this state concludes that it is an appropriate\nforum under the factors set forth in section 83.23 of this article;\n (c) this state does not have jurisdiction under either subdivision (a)\nor (b) of this section, the respondent's home state and all\nsignificant-connection states have declined to exercise jurisdiction\nbecause this state is the more appropriate forum, and jurisdiction in\nthis state is consistent with the constitutions of this state and the\nUnited States; or\n (d) the requirements for special jurisdiction under section 83.19 of\nthis article are met.\n