53.26 Appropriate forum.

204 words·~1 min read·/wi/chapter-53/53-26

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

(1)A court of this state having jurisdiction under s. 53.23 to appoint a guardian of the person or issue an order appointing a guardian of the estate may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(2)If a court of this state declines to exercise its jurisdiction under sub.

(1), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian of the person or issuance of an order appointing a guardian of the estate be filed promptly in another state.

(3)In determining whether it is an appropriate forum, the court shall consider all relevant factors, including all of the following:

(a)Any expressed preference of the respondent.

(b)Whether abuse, neglect, self-neglect, or financial exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, self-neglect, or financial exploitation.

(c)The length of time the respondent was physically present in or had established residence in this or another state.