Virginia § 64.2-2111 Jurisdiction declined by reason of conduct

Virginia Statutes

§ 64.2-2111 — Jurisdiction declined by reason of conduct

Virginia § 64.2-2111

JurisdictionVirginia

Title 64.2WILLS, TRUSTS, AND FIDUCIARIES

Subtitle IVFIDUCIARIES AND GUARDIANS

Ch. 21UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

Art. 2JURISDICTION

Part DGUARDIANSHIP OF INCAPACITATED PERSONS

This text of Virginia § 64.2-2111 (Jurisdiction declined by reason of conduct) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 64.2-2111 (2026).

Text

A.If at any time a court of the Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court may:

1.Decline to exercise jurisdiction;

2.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 to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a conservatorship order is filed in a court of another state having jurisdiction; or

3.Continue to exercise jurisdiction after considering:

a.The extent to which

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A. If at any time a court of the Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court may:

1. Decline to exercise jurisdiction;

2. 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 to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a conservatorship order is filed in a court of another state having jurisdiction; or

3. Continue to exercise jurisdiction after considering:

a. 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;

b. Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection C of § 64.2-2110; and

c. Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 64.2-2107.

B. If a court of the Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship 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 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 the Commonwealth or a governmental subdivision, agency, or instrumentality of the Commonwealth unless authorized by law other than this chapter.