Iowa Code 633.709 – Jurisdiction
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Terms Used In Iowa Code 633.709
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- 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 said district and territories. See Iowa Code 4.1
633.709 Jurisdiction.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply:
1. This state is the respondent’s home state.
2. This state is a significant-connection state and, on the date the petition is filed, any of the following apply:
a. The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum.
b. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order, all of the following apply:
(1) A petition for an appointment or order is not filed in the respondent’s home state.
(2) An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.
(3) The court in this state concludes that it is an appropriate forum under the factors set forth in § 633.712.
3. Either of the following apply:
a. This state does not have jurisdiction under either subsection 1 or 2, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitution of the State of Iowa and the Constitution of the United States.
b. The requirements for special jurisdiction under § 633.710 are met.
2010 Acts, ch 1086, §10, 24, 25
Referred to in §633.710, 633.712, 633.713, 633.715
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply:
1. This state is the respondent’s home state.
2. This state is a significant-connection state and, on the date the petition is filed, any of the following apply:
a. The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum.
b. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order, all of the following apply:
(1) A petition for an appointment or order is not filed in the respondent’s home state.
(2) An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.
(3) The court in this state concludes that it is an appropriate forum under the factors set forth in § 633.712.
3. Either of the following apply:
a. This state does not have jurisdiction under either subsection 1 or 2, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitution of the State of Iowa and the Constitution of the United States.
b. The requirements for special jurisdiction under § 633.710 are met.
2010 Acts, ch 1086, §10, 24, 25
Referred to in §633.710, 633.712, 633.713, 633.715