Section 5a-204 - Special Jurisdiction

MA Gen L ch 5a § 5a-204 (2019) (N/A)

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Section 5A–204. [Special Jurisdiction.]

(a) A court of the commonwealth lacking jurisdiction under paragraphs (1) to (3), inclusive, of section 5A–203 has special jurisdiction to:

(1) appoint a guardian in an emergency for a respondent who is physically present in the commonwealth for a term not exceeding 90 days; provided, however, that upon a finding of extraordinary circumstances set forth in its order, the court may order an appointment for a longer period to a date certain; and provided further, that the court may for good cause shown extend the appointment for additional 90 day periods;

(2) issue a protective order with respect to real or tangible personal property located in the commonwealth;

(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 section 5A–301.

(b) If a petition for the appointment of a guardian in an emergency is brought in the commonwealth and the commonwealth was not the respondent's home state on the date the petition was filed, the 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.

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