2011 Code of Virginia
Title 37.2 BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES.
Chapter 10.1 Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (37.2-1031 thru 37.2-1052)
37.2-1040 Special jurisdiction.
37.2-1040. Special jurisdiction.
(a) A court of the Commonwealth lacking jurisdiction under the provisions of 37.2-1039 has special jurisdiction to do any of the following:
1. Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in the Commonwealth;
2. Issue a protective order with respect to real or tangible personal property located in the Commonwealth; or
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 37.2-1046.
(b) If a petition for the appointment of a guardian in an emergency is brought in the Commonwealth and the Commonwealth 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.
(2011, c. 518.)
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