Rhode Island General Laws 33-15.2-203. Initial jurisdiction
In addition to the limited or special jurisdiction under § 33-15.2-204, a court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) This state is the respondent’s home state;
(2) On the date the petition is filed, this state is a significant-connection state; and
(i) 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; or
(ii) The respondent has a home state, a petition for the appointment of a guardian or protective order has not been filed in a court of that state or in another significant-connection state, and, before the court makes the appointment or issues the order:
(A) A petition for appointment or order is not filed in the respondent’s home state;
(B) An objection to the jurisdiction of the court in this state has not been filed; and
(C) The court in this state concludes that it is an appropriate forum under the factors set forth in § 33-15.2-206; or
(3) This state does not have jurisdiction under either subsection (1) or (2) of this section, 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 constitutions of this state and the United States.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
Terms Used In Rhode Island General Laws 33-15.2-203
- 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.
- Guardian: means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 15 of Title 33. See Rhode Island General Laws 33-15.2-102
- Home state: means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for the appointment of a guardian or issuance of a protective order; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition. See Rhode Island General Laws 33-15.2-102
- 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.
- Protective order: means an order appointing a conservator or another court order related to management of an adult's property. See Rhode Island General Laws 33-15.2-102
- Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Rhode Island General Laws 33-15.2-102
- Significant-connection state: means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. See Rhode Island General Laws 33-15.2-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 33-15.2-102
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8