West Virginia § 44C-2-3 Special jurisdiction

West Virginia Statutes

§ 44C-2-3 — Special jurisdiction

West Virginia·Ch. 44C UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT·Art. 2 JURISDICTION

(a)A court of this state lacking jurisdiction under section two of this article has special jurisdiction to do any of the following:

(1)Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;

(2)Issue a protective order with respect to real or tangible personal property located in this state;

(3)Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to those provided in section one, article three of this chapter. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition

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(a) A court of this state lacking jurisdiction under section two of this article has special jurisdiction to do any of the following:

(1) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;

(2) Issue a protective order with respect to real or tangible personal property located in this state;

(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to those provided in section one, article three of this chapter.

If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

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