N.Y. Mental Hygiene Law 83.29 – Proceedings in more than one state
§ 83.29 Proceedings in more than one state.
Terms Used In N.Y. Mental Hygiene Law 83.29
- 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.
Except for a petition for the appointment of a guardian of the person in an emergency or issuance of a protective order limited to property located in this state under paragraph one or two of subdivision (a) of section 83.19 of this article, if a petition for the appointment of a guardian of the person or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(a) If the court in this state has jurisdiction under section 83.17 of this article, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to such section before the appointment or issuance of the order.
(b) If the court in this state does not have jurisdiction under section 83.17 of this article, 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.