159.1999 - Declination of jurisdiction generally. - Nevada Statutes

159.1999  Declination of jurisdiction generally.

      1.  A court of this State having jurisdiction to appoint a guardian may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

      2.  If a court of this State declines to exercise its jurisdiction under subsection 1, it shall either dismiss or stay the proceedings. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian be filed promptly in another state.

      3.  In determining whether it is an appropriate forum, the court shall consider all relevant factors, including, without limitation:

      (a) Any expressed preference of the ward;

      (b) Whether abuse, neglect or exploitation of the ward has occurred or is likely to occur and which state could best protect the ward from the abuse, neglect or exploitation;

      (c) The length of time the ward was physically present in or was a legal resident of this State or another state;

      (d) The distance of the ward from the court in each state;

      (e) The financial circumstances of the ward’s estate;

      (f) The nature and location of the evidence;

      (g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

      (h) The familiarity of the court of each state with the facts and issues in the proceeding; and

      (i) If an appointment were made, the court’s ability to monitor the conduct of the guardian.

      (Added to NRS by 2009, 1641)