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New Jersey Statutes Title 3B. Administration of Estates Decedents and Others 3B § 12B-9

Current as of January 01, 2024 | Updated by Findlaw Staff

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).

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Cite this article: FindLaw.com - New Jersey Statutes Title 3B. Administration of Estates Decedents and Others 3B § 12B-9 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-3b-administration-of-estates-decedents-and-others/nj-st-sect-3b-12b-9/

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