§ 83.23 — Appropriate forum

New York § 83.23

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

Text

§ 83.23 Appropriate forum.\n (a) A court of this state having jurisdiction under section 83.17 of\nthis article to appoint a guardian of the person or issue a protective\norder may decline to exercise its jurisdiction if it determines at any\ntime that a court of another state is a more appropriate forum.\n (b) If a court of this state declines to exercise its jurisdiction\nunder subdivision (a) of this section, it shall either dismiss or stay\nthe proceeding. The court may impose any condition the court considers\njust and proper, including the condition that a petition for the\nappointment of a guardian of the person or issuance of a protective\norder be filed promptly in another state.\n (c) In determining whether it is an appropriate forum, the court shall\nconsider all relevant factors, including:\n 1. any expressed preference of the respondent;\n 2. whether abuse, neglect or exploitation of the respondent has\noccurred or is likely to occur, and which state could best protect the\nrespondent from the abuse, neglect or exploitation;\n 3. the length of time the respondent was physically present in or was\na legal resident of this or another state;\n 4. the distance of the respondent from the court in each state;\n 5. the financial circumstances of the respondent's estate;\n 6. the nature and location of the evidence;\n 7. the ability of the court in each state to decide the issue\nexpeditiously and the procedures necessary to present evidence;\n 8. the familiarity of the court of each state with the facts and\nissues in the proceeding; and\n 9. if an appointment were made, the court's ability to monitor the\nconduct of the guardian or conservator.\n