(a) A court of the State of Hawaii having jurisdiction under section 551G-13 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.
(b) If a court of the State of Hawaii declines to exercise its jurisdiction under
subsection (a), it 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.
(c) In determining whether it is an appropriate forum, the court shall consider all
relevant factors, including:
(1) Any expressed preference of the respondent;
(2) 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,
(3) The length of time the respondent was physically present in or was a legal resident
of a state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue expeditiously and the
procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the proceeding;
(9) If an appointment were made, the court's ability to monitor the conduct of the
guardian or conservator.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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