N.J.S.A. 3B:12B-9 — Jurisdiction; determination.

3B:12B-9 Jurisdiction; determination. 9. Jurisdiction; determination. a. A court of this State has jurisdiction to declare a person incapacitated and appoint a guardian or issue a protective order for a respondent if: (1) This State is the respondent's home state as defined in section 3 of P.L.2012, c.36 (C.3B:12B-3); or (2) On the date the petition is filed, this State is a significant-connection state, as defined in section 3 of P.L.2012, c.36 (C.3B:12B-3) and determined in accordance with section 10 of P.L.2012, c.36 (C.3B:12B-10), and: (a) the respondent either 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 another state or another significant-connection state, and, before this State's court acts: (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) the court concludes that it is an appropriate forum under the factors set forth in section 13 of P.L.2012, c.36 (C.3B:12B-13); (3) Although this State does not have jurisdiction under either subsection a. or b. of this section, the 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 New Jersey and United States Constitutions; or b. A court of this State may assume emergency jurisdiction under section 11 of P.L.2012, c.36 (C.3B:12B-11). L.2012, c.36, s.9.

This is the verbatim text of N.J.S.A. 3B:12B-9, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.