Iowa Code 633.712 – Appropriate forum
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1. A court of this state with jurisdiction under section 633.709 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.
Terms Used In Iowa Code 633.712
- Conservator: means a person appointed by the court to have the custody and control of the property of an adult under the provisions of this chapter. See Iowa Code 633.701
- Court: means , when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships. See Iowa Code 633.701
- Estate: means the real and personal property of either a decedent or a ward, and may also refer to the real and personal property of a trust described in section 633. See Iowa Code 633.3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by the court to make decisions regarding the adult under the provisions of this chapter. See Iowa Code 633.701
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Protective order: means an order appointing a conservator as defined in section 633. See Iowa Code 633.701
- Respondent: means an adult for whom a conservatorship or guardianship is sought. See Iowa Code 633.701
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 633.701
2. If a court of this state declines to exercise its jurisdiction under subsection 1, the court 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.
3. In determining whether it is an appropriate forum, the court shall consider all of the following:
a. Any expressed preference of the respondent.
b. 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.
c. The length of time the respondent was physically present in or was a legal resident of this state or another state.
d. The distance of the respondent from the court in each state.
e. The financial circumstances of the respondent’s estate.
f. The nature and location of the evidence.
g. The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
h. The familiarity of the court of each state with the facts and issues in the proceeding.
i. If an appointment were to be made, the court’s ability to monitor the conduct of the guardian or conservator.