§ 5917. Jurisdiction declined by reason of conduct.

303 words·~1 min read·/pa/title-20/chapter-59/5917

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Judicial options.-- If a court of this Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may exercise an option under any of the following paragraphs:

(1)Decline to exercise jurisdiction.

(2)Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to:

(i)ensure the health, safety and welfare of the respondent or the protection of the respondent's property; or

(ii)prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction.

(3)Continue to exercise jurisdiction after considering:

(i)the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;

(ii)whether it is a more appropriate forum than the court of any other state under the factors set forth in section 5916(c) (relating to appropriate forum); and

(iii)whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 5913 (relating to jurisdiction).

(b)Costs and fees.-- If a court of this Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against the Commonwealth, a political subdivision or an instrumentality of the Commonwealth unless authorized by law other than this chapter.

20c5918s