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Wisconsin Statutes Social Services (Ch. 46 to 58) § 53.23. Jurisdiction

Current as of January 01, 2022 | Updated by FindLaw Staff

A court of this state has personal jurisdiction to appoint a guardian of the person or issue an order appointing a guardian of the estate for a respondent if any of the following is satisfied:

(1) This state is the respondent's home state.

(2) On the date the petition is filed, this state is a significant-connection state and any of the following is satisfied:

(a) 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.

(b) 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 all of the following are satisfied:

1. A petition for an appointment or order is not filed in the respondent's home state.

2. An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding, or, if an objection has been made, the objector has not established that exercise of jurisdiction by the court would be contrary to the interests of the respondent.

3. The court in this state concludes that it is an appropriate forum under the factors set forth in s. 53.26.

(3) This state does not have jurisdiction under either sub. (1) or (2), 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.

(4) The requirements for special jurisdiction under s. 53.24 are met.

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Cite this article: FindLaw.com - Wisconsin Statutes Social Services (Ch. 46 to 58) § 53.23. Jurisdiction - last updated January 01, 2022 | https://codes.findlaw.com/wi/social-services-ch-46-to-58/wi-st-53-23/

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