NRS 159.1999 - Declination of jurisdiction generally.

NV Rev Stat § 159.1999 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

1. A court of this State having jurisdiction to appoint a guardian 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 subsection 1, it shall either dismiss or stay the proceedings. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian be filed promptly in another state.

3. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including, without limitation:

(a) Any expressed preference of the protected person;

(b) Whether abuse, neglect, exploitation, isolation or abandonment of the protected person has occurred or is likely to occur and which state could best protect the protected person from the abuse, neglect, exploitation, isolation or abandonment;

(c) The length of time the protected person was physically present in or was a legal resident of this State or another state;

(d) The distance of the protected person from the court in each state;

(e) The financial circumstances of the estate of the protected person;

(f) The nature and location of the evidence;

(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(h) The familiarity of the court of each state with the facts and issues in the proceeding; and

(i) If an appointment were made, the court’s ability to monitor the conduct of the guardian.

(Added to NRS by 2009, 1641; A 2015, 824)