(a) For the purposes of this subchapter, the term:
(1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(2) "Home state" means:
(A) The state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or
(B) If none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition.
(3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection, other than mere physical presence, and in which substantial evidence concerning the respondent is available.
(b) In determining under §§ 21-2402.03 and 21-2403.01(e) whether a respondent has a significant connection with a particular state, the Superior Court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) The location of the respondent's property; and
(4) The extent to which the respondent has ties to the state, such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 201 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
This subchapter provides the exclusive jurisdictional basis for the Superior Court to appoint a guardian or issue a protective order for an adult.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 202 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
The Superior Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) The District of Columbia is the respondent's home state;
(2) On the date the petition is filed, the District of Columbia 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 the District of Columbia 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 Superior 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 Superior Court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) The Superior Court concludes that it is an appropriate forum under the factors set forth in § 21-2402.06;
(3) The District of Columbia does not have jurisdiction under either paragraph (1) or (2) of this subsection, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because the District is the more appropriate forum, and jurisdiction in the District is consistent with Title 11 and the Constitution of the United States; or
(4) The requirements for special jurisdiction under § 21-2402.04 are met.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 203 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) Even if the Superior Court lacks jurisdiction under § 21-2402.03, the court 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 District of Columbia;
(2) Issue a protective order with respect to real or tangible personal property located in the District of Columbia;
(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 § 21-2403.01.
(b) If a petition for the appointment of a guardian in an emergency is brought in the District of Columbia and the District was not the respondent's home state on the date the petition was filed, the Superior 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.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 204 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Except as otherwise provided in § 21-2402.04, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 205 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) Even if the Superior Court has jurisdiction under § 21-2402.03 to appoint a guardian or issue a protective order, the court may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If the Superior Court declines to exercise its jurisdiction under subsection (a) of this section, 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 or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the Superior Court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) The length of time the respondent was physically present in or was a legal resident of this or another state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the proceeding; and
(9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 206 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) If at any time the Superior Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or 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; or
(3) Continue to exercise jurisdiction after considering:
(A) 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;
(B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 21-2402.06(c); and
(C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 21-2402.03.
(b) If the Superior Court 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's 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 District of Columbia or a governmental subdivision, agency, or instrumentality of the District unless authorized by law other than this chapter.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 207 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
If a petition for the appointment of a guardian or issuance of a protective order is brought in the District of Columbia and the District was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of the District, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in the District.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 208 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the District of Columbia under § 21-2402.04(a)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in the District and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the Superior Court has jurisdiction under § 21-2402.03, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 21-2402.03 before the appointment or issuance of the order.
(2) If the Superior Court does not have jurisdiction under § 21-2402.03, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Superior Court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the Superior Court shall dismiss the petition unless the court in the other state determines that the Superior Court is a more appropriate forum.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 209 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
