(1) A court of this state having jurisdiction under Section 75-5b-202 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

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Terms Used In Utah Code 75-5b-205

  • Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Utah Code 75-1-201 v2
  • 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
  • Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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 who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section 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.
  • 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
(2) If a court of this state declines to exercise its jurisdiction under Subsection (1), it shall either dismiss or stay the proceeding. The court may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be promptly filed in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

     (3)(a) any expressed preference of the respondent;
     (3)(b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
     (3)(c) the length of time the respondent was physically located in or was a legal resident of this or another state;
     (3)(d) the distance of the respondent from the court in each state;
     (3)(e) the financial circumstances of the respondent’s estate;
     (3)(f) the nature and location of the evidence;
     (3)(g) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
     (3)(h) the familiarity of the court of each state with the facts and issues in the proceeding; and
     (3)(i) if an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.