West Virginia Code 44C-2-3 – Special jurisdiction
(a) A court of this state lacking jurisdiction under section two of this article has special jurisdiction to do any of the following:
Terms Used In West Virginia Code 44C-2-3
- Conservator: means a person appointed by the court to administer the property of an adult, including a person appointed under section one, article one, chapter . See West Virginia Code 44C-1-2
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Emergency: means a circumstance that likely will result in substantial harm to a respondent'. See West Virginia Code 44C-1-2
- 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 article two, chapter . See West Virginia Code 44C-1-2
- Home state: means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian. See West Virginia Code 44C-1-2
- 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.
- Protected person: as used in this chapter , has the meaning ascribed to it in subsection thirteen-b, section four, article one, chapter . See West Virginia Code 44C-1-2
- Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See West Virginia Code 44C-1-2
- 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 West Virginia Code 44C-1-2
(1) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;
(2) Issue a protective order with respect to real or tangible personal property located in this state;
(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to those provided in section one, article three of this chapter.
If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.