Title 03 · WY
3-8-203 to appoint a guardian or issue a protective order may
Citation: Wyo. Stat. § 3-8-203
Section: 3-8-203
3-8-203 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 this state declines to exercise its jurisdiction under subsection (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 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:
(i) Any expressed preference of the respondent;
(ii) 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;
(iii) The length of time the respondent was physically present in or was a legal resident of this or another state; (iv) The distance of the respondent from the court in each state;
(v) The financial circumstances of the respondent's estate;
(vi) The nature and location of the evidence;
(vii) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(viii) The familiarity of the court of each state with the facts and issues in the proceeding; and
(ix) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
3-8-207. Jurisdiction declined by reason of conduct.
(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(i) Decline to exercise jurisdiction;
(ii) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(iii) Continue to exercise jurisdiction after considering:
(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in W.S.