Utah Code 75-5b-202. Jurisdiction
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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;
Terms Used In Utah Code 75-5b-202
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
- 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: means an individual or an organization. See Utah Code 75-1-201 v2
- Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) on the date the petition is filed, this state is a significant-connection state and:
(2)(a) 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
(2)(b) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(2)(b)(i) a petition for an appointment or order is not filed in the respondent’s home state;
(2)(b)(ii) an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and
(2)(b)(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in Section 75-5b-205 ;
(3) this state does not have jurisdiction under either Subsection (1) or (2) , 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; or
(4) the requirements for special jurisdiction under Section 75-5b-204 are met.