Skip to main content

New York Consolidated Laws, Mental Hygiene Law - MHY § 83.23 Appropriate forum

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a)?A court of this state having jurisdiction under section 83.17 of this article to appoint a guardian of the person 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 this state declines to exercise its jurisdiction under subdivision (a) of this section, 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 of the person 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 or exploitation;

3.?the length of time the respondent was physically present in or was a legal resident of this or another 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; ?and

9.?if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.

Cite this article: - New York Consolidated Laws, Mental Hygiene Law - MHY § 83.23 Appropriate forum - last updated January 01, 2021 |

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.

Copied to clipboard