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The Vermont Statutes Online

 

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 114 : UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

Subchapter 002 : JURISDICTION

(Cite as: 14 V.S.A. § 3163)
  • § 3163. Jurisdiction

    A Probate Division of the Superior Court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

    (1) this State is the respondent's home state;

    (2) on the date the petition is filed, this State is a significant-connection state and:

    (A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this State is a more appropriate forum; or

    (B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the Probate Division makes the appointment or issues the order:

    (i) a petition for an appointment or order is not filed in the respondent's home state;

    (ii) an objection to the Probate Division's jurisdiction is not filed by a person required to be notified of the proceeding; and

    (iii) the Probate Division of the Superior Court in this State concludes that it is an appropriate forum under the factors set forth in section 3166 of this title;

    (3) this State does not have jurisdiction under either subdivision (1) or (2) of this section, the respondent's home state, and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the constitutions of this State and the United States; or

    (4) the requirements for special jurisdiction under section 3164 of this title are met. (Added 2011, No. 56, § 25.)