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New York Consolidated Laws, Mental Hygiene Law - MHY § 83.17 Jurisdiction

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

A court of this state has jurisdiction to appoint a guardian of the person or issue a protective order for a respondent if:

(a) the state is the respondent's home state;

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

1. 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

2. 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 court 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 court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in section 83.23 of this article;

(c) this state does not have jurisdiction under either subdivision (a) or (b) 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

(d) the requirements for special jurisdiction under section 83.19 of this article are met.

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Cite this article: FindLaw.com - New York Consolidated Laws, Mental Hygiene Law - MHY § 83.17 Jurisdiction - last updated January 01, 2024 | https://codes.findlaw.com/ny/mental-hygiene-law/mhy-sect-83-17/

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