159.202 - Declination of jurisdiction by reason of conduct. - Nevada Statutes

159.202  Declination of jurisdiction by reason of conduct.

      1.  If at any time a court of this State determines that it acquired jurisdiction to appoint a guardian because of unjustifiable conduct by the guardian or the petitioner, the court may:

      (a) Decline to exercise jurisdiction;

      (b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the ward or the protection of the ward’s property or to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian is filed in a court of another state having jurisdiction; or

      (c) Continue to exercise jurisdiction after considering:

             (1) The extent to which the ward and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;

             (2) Whether it is a more appropriate forum than the court of any other state; and

             (3) Whether the court of any other state would have jurisdiction under factual circumstance in substantial conformity with the jurisdictional standard.

      2.  If a court of this State determines that it acquired jurisdiction to appoint a guardian because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, the court may assess against that party necessary and reasonable expenses, including, without limitation, attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.

      (Added to NRS by 2009, 1642)