Rhode Island General Laws 33-15.2-209. Proceedings in more than one state
Except for a petition for the appointment of a guardian in an emergency or a protective order limited to property located in this state as provided in § 33-15.2-204(a)(1) or (a)(2), if a petition for the appointment of a guardian or protective order is filed in this and another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under § 33-15.2-203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 33-15.2-203 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under § 33-15.2-203, 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 of this state is a more appropriate forum.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
Terms Used In Rhode Island General Laws 33-15.2-209
- Emergency: means circumstances that likely will result in substantial harm to a respondent's health, safety, or welfare, and in which the appointment of a guardian is necessary because no other person has authority to and is willing to act on the respondent's behalf. See Rhode Island General Laws 33-15.2-102
- 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
- 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
- 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