Section 5-204 - Jurisdiction declined - In general. - Maryland Statutes

§ 13.5-204. Jurisdiction declined - In general.  

(a)  Court may decline jurisdiction.- 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)  Actions required when court declines jurisdiction.-  

(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)  Considerations as to appropriate forum.- 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. 
 

[2010, chs. 256, 257.]