387.826 Jurisdiction.
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;
(2) On the date the petition is filed, this state is a significant-connection state and:
(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
(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:
1.
A petition for an appointment or order is not filed in the respondent's
home state;
2.
An objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and
3.
The court in this state concludes that it is an appropriate forum under the
factors set forth in KRS 387.832;
(3) This state does not have jurisdiction under either subsection (1) or (2) of this
section, 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 KRS 387.828 are met.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 47, sec. 9, effective June 8, 2011.
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