N.Y. Mental Hygiene Law 83.19 – Special jurisdiction
§ 83.19 Special jurisdiction.
Terms Used In N.Y. Mental Hygiene Law 83.19
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Personal property: All property that is not real property.
(a) A court of this state lacking jurisdiction under section 83.17 of this article has special jurisdiction to do any of the following:
1. appoint a guardian of the person in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;
2. issue a protective order with respect to a real or tangible personal property located in this state; and
3. appoint a guardian of the person or a guardian of the property for a person subject to a guardianship of the person or protected person for whom a provision order to transfer the proceeding from another state has been issued under procedures similar to section 83.31 of this article.
(b) If a petition for the appointment of a guardian of the person in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.