A Missouri court that has the power to name a guardian or set up a protective order for someone can decide to let a court in a different state handle the case instead, if that other state is a better fit. When it steps aside, the Missouri court can pause or drop the case, and it can require that a new case be filed in the other state quickly. To figure out which state is the better fit, the court looks at things like what the person being protected wants, where they live, how far they are from each court, what their money situation looks like, where the evidence is, and which court can best keep an eye on the guardian afterward.
475.526. . — 1. A court of this state having under section 475.523 to appoint a or a may decline to exercise its jurisdiction if it 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 1 of this section, it shall either dismiss or . The court may impose any condition the court considers just and proper, including the condition that a for the appointment of a guardian or protective order be promptly filed in another state.
3. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the ;
(2) Whether , , 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 ;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue and the procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the ; and
(9) If an appointment were made, the court's ability to monitor the conduct of the guardian or .
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Source & history notes
(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
Related Missouri laws
Jurisdiction declined by reason of conduct
RSMo 475.527
Exclusive and continuing jurisdiction
RSMo 475.525
Special jurisdiction
RSMo 475.524
Notice of proceeding
RSMo 475.528
Jurisdiction
RSMo 475.523
Proceedings in more than one state
RSMo 475.529
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.