Md. Code, Estates and Trusts § 13.5-201
This is the official text of Md. Code, Estates and Trusts § 13.5-201, part of Maryland’s Code, Estates and Trusts — governs wills, trusts, and probate.
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§13.
Official statutory text
§13.5–201.
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 home state of the respondent;
(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 home state of the respondent 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 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:
1. A petition for an appointment or order is not filed in the home state of the respondent;
2. An objection to the jurisdiction of the court is not filed by a person required to be notified of the proceeding; and
3. The court concludes that the court is an appropriate forum under the factors set forth in § 13.5–204 of this subtitle;
(3) (i) This State does not have jurisdiction under item (1) or (2) of this subsection; and
(ii) The home state of the respondent and all significant–connection states have declined to exercise jurisdiction because:
1. This State is the more appropriate forum; and
2. Jurisdiction in this State is consistent with the constitutions of this State and the United States; or
(4) The requirements for special jurisdiction under § 13.5–202 of this subtitle are met.
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 home state of the respondent;
(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 home state of the respondent 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 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:
1. A petition for an appointment or order is not filed in the home state of the respondent;
2. An objection to the jurisdiction of the court is not filed by a person required to be notified of the proceeding; and
3. The court concludes that the court is an appropriate forum under the factors set forth in § 13.5–204 of this subtitle;
(3) (i) This State does not have jurisdiction under item (1) or (2) of this subsection; and
(ii) The home state of the respondent and all significant–connection states have declined to exercise jurisdiction because:
1. This State is the more appropriate forum; and
2. Jurisdiction in this State is consistent with the constitutions of this State and the United States; or
(4) The requirements for special jurisdiction under § 13.5–202 of this subtitle are met.
Status: in_force · Read it on the official government site
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