A. A New Mexico court having jurisdiction pursuant to Section 45-5A-203 NMSA 1978 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

B. If a New Mexico court declines to exercise its jurisdiction pursuant to Subsection A of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

C. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

1. (1) any expressed preference of the respondent;
2. (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. (3) the length of time the respondent was physically present in or was a legal resident of New Mexico or another state;
4. (4) the distance of the respondent from the court in each state;
5. (5) the financial circumstances of the respondent's estate;
6. (6) the nature and location of the evidence;
7. (7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
8. (8) the familiarity of the court of each state with the facts and issues in the proceeding; and
9. (9) if an appointment of a guardian or conservator were to be made, the court's ability to monitor the conduct of the guardian or conservator.

History: 1978 Comp., § 45-5A-206, enacted by Laws 2011, ch. 124, § 73.

ANNOTATIONS

Effective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 73 effective January 1, 2012.