Iowa Code § 633.712
Appropriate forum
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2015
As of January 1, 2012
1. A court of this state with jurisdiction under section 633.709 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
1. A court of this state with jurisdiction under section 633.709 to appoint a guardian or issue a protective order 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, the court 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.
2. If a court of this state declines to exercise its jurisdiction under subsection 1, the court 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.
3. In determining whether it is an appropriate forum, the court shall consider all of the following:
3. In determining whether it is an appropriate forum, the court shall consider all of the following:
a. Any expressed preference of the respondent.
a. Any expressed preference of the respondent.
b. 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.
b. 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.
c. The length of time the respondent was physically present in or was a legal resident of this state or another state.
c. The length of time the respondent was physically present in or was a legal resident of this state or another state.
d. The distance of the respondent from the court in each state.
d. The distance of the respondent from the court in each state.
e. The financial circumstances of the respondent’s estate.
e. The financial circumstances of the respondent’s estate.
f. The nature and location of the evidence.
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.
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.
h. The familiarity of the court of each state with the facts and issues in the proceeding.
i. If an appointment were to be made, the court’s ability to monitor the conduct of the guardian or conservator.
i. If an appointment were to be made, the court’s ability to monitor the conduct of the guardian or conservator.
Section applies to guardianship and protective proceedings in existence on or after July 1, 2010; 2010 Acts, ch 1086, §24
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.