Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state pursuant to section 15-13-204(1)(a) or (1)(b), Idaho Code, if a petition for the appointment of a guardian or issuance of a conservatorship or other protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction pursuant to section 15-13-203, Idaho Code, it may proceed with the case unless a court in another state acquires jurisdiction pursuant to provisions similar to section 15-13-203, Idaho Code, before the appointment or issuance of the order.
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Terms Used In Idaho Code 15-13-209

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes both real and personal property. See Idaho Code 73-114
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(2) If the court in this state does not have jurisdiction pursuant to section 15-13-203, Idaho Code, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.