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Guardianship
RSMo 475.527effective 28 Aug 2011

Jurisdiction declined by reason of conduct

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In plain English

Sometimes a Missouri court finds out it only got involved in a guardianship or protection case because someone did something wrong to make that happen — like moving a person to Missouri just to get a favorable court. When that happens, the court has choices: it can drop the case, handle just enough to keep the person safe, or keep going if that still makes sense. If someone caused the problem on purpose, the court can make that person pay for the legal costs and other expenses. The court cannot charge those costs to the government unless another law says it can.

Word-for-word law

475.527. declined by reason of conduct. — 1. If at any time a court of this state that it acquired jurisdiction to appoint a or a because of , the court may:

(1) Decline to exercise jurisdiction;

(2) Exercise jurisdiction for the limited purpose of fashioning an to ensure the health, safety, and welfare of the or the protection of the respondent's property or prevent a re of the unjustifiable conduct, including until a petition for the appointment of a guardian or 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 s have in the exercise of the court's jurisdiction;

(b) Whether it is a more appropriate than the court of any other state under the factors set forth in 3 of section 475.526; and

(c) Whether the court of any other state would have jurisdiction under factual circumstances in with the of section 475.523.

2. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may against that party necessary and reasonable expenses, including , , , communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, , or expenses of any kind against this state or a governmental , agency, or of this state unless by law other than sections 475.501 to 475.555.

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Source & history notes

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

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Related Missouri laws

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 475.527: Jurisdiction declined by reason of conduct | KnowMo Laws