2021 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 39A. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
§ 39A-201. Jurisdiction.

Universal Citation: 12 DE Code § 39A-201. (2021)
§ 39A-201. Jurisdiction.

The Court 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:

(i) A petition for an appointment or order is not filed in the respondent's home state;

(ii) An objection to the Court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) The Court concludes that it is an appropriate forum under the factors set forth in § 39A-204 of this title;

3. This State does not have jurisdiction under either paragraph 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 § 39A-202 of this title are met.

76 Del. Laws, c. 380, § 5; 
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