Md. Code Ann., Est. & Trusts § 13.5-204
Court decline of jurisdiction
Effective Oct 1, 2010Added by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010.State of Maryland
- (a) A court of this State having jurisdiction under § 13.5-201 of this subtitle to appoint a guardian or issue a protective order may decline to exercise jurisdiction if the court determines at any time that a court of another state is a more appropriate forum.
(b)
- (1) If a court of this State declines jurisdiction over a guardianship proceeding or protective proceeding under subsection (a) of this section, the court shall either dismiss the proceeding or stay the proceeding.
- (2) A court under paragraph (1) of this subsection may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.
(c) In determining whether the court is an appropriate forum, a court shall consider all relevant factors, including:
- (1) An expressed preference of the respondent;
- (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
- (3) The length of time the respondent was physically located in or was a legal resident of this State or another state;
- (4) The distance of the respondent from the court in each state;
- (5) The financial circumstances of the estate of the respondent;
- (6) The nature and location of the evidence;
- (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
- (8) The familiarity of the court of each state with the facts and issues in the proceeding; and
- (9) If an appointment were made, the ability of the court to monitor the conduct of the guardian or conservator.
Added by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010.