New Jersey Statutes 3B:12B-9. Jurisdiction; determination
Terms Used In New Jersey Statutes 3B:12B-9
- 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: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. A court of this State has jurisdiction to declare a person incapacitated and appoint a guardian or issue a protective order for a respondent if:
(1) This State is the respondent’s home state as defined in section 3 of P.L.2012, c.36 (C. 3B:12B-3); or
(2) On the date the petition is filed, this State is a significant-connection state, as defined in section 3 of P.L.2012, c.36 (C. 3B:12B-3) and determined in accordance with section 10 of P.L.2012, c.36 (C. 3B:12B-10), and:
(a) the respondent either 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; or
(b) the respondent has a home state, a petition for an appointment or order is not pending in a court of another state or another significant-connection state, and, before this State’s court acts:
(i) a petition for an appointment or order is not filed in the respondent’s home state;
(ii) an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the court concludes that it is an appropriate forum under the factors set forth in section 13 of P.L.2012, c.36 (C. 3B:12B-13);
(3) Although this State does not have jurisdiction under either subsection a. or b. of this section, the 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 New Jersey and United States Constitutions; or
b. A court of this State may assume emergency jurisdiction under section 11 of P.L.2012, c.36 (C. 3B:12B-11).
L.2012, c.36, s.9.