Requirements for jurisdiction

A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if: 769 29-11-12 (1) This state is the respondent’s home state; (2) On the date the petition significant-connection state and: is filed, this state is a (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 in this state concludes that it is an appropriate forum under the factors set forth in Code Section 29-11-15; (3) This state does not have jurisdiction under either paragraph (1) or (2) of this Code 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 Code Section 29-11-13 are met. (Code 1981, § 29-11-12, enacted by Ga. L. 2016, p. 563, § 1/HB 954.) 29-11-13. Special jurisdiction; guardian. emergency appointment of (a) A court of this state lacking jurisdiction under paragraphs (1) through (3) of Code Section 29-11-12 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 this state; (2) Issue a conservatorship order with respect to real or tangible personal property located in this state; or (3) Appoint a guardian or conservator for an incapacitated person or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Code Section 29-11-20. 770 29-11-13 ADULT GUARDIANSHIP & CONSERVATORSHIP 29-11-15 (b) 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. (Code 1981, § 29-11-13, enacted by Ga. L. 2016, p. 563, § 1/HB 954.) 29-11-14. Special jurisdiction; guardian. emergency appointment of Except as otherwise provided in Code Section 29-11-13, a court that has appointed a guardian or issued a conservatorship order consistent with this chapter shall have exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. (Code 1981, § 29-11-14, enacted by Ga. L. 2016, p. 563, § 1/HB 954.) 29-11-15. Declining exercise of jurisdiction; factors for determining jurisdiction.