New Hampshire Revised Statutes 464-C:15 – Proceedings in More Than One State
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Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under N.H. Rev. Stat. § 464-C:10, I(a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
I. If the court in this state has jurisdiction under N.H. Rev. Stat. § 464-C:9, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to N.H. Rev. Stat. § 464-C:9 before the appointment or issuance of the order.
II. If the court in this state does not have jurisdiction under N.H. Rev. Stat. § 464-C:9, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
I. If the court in this state has jurisdiction under N.H. Rev. Stat. § 464-C:9, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to N.H. Rev. Stat. § 464-C:9 before the appointment or issuance of the order.
Terms Used In New Hampshire Revised Statutes 464-C:15
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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.
- 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.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. If the court in this state does not have jurisdiction under N.H. Rev. Stat. § 464-C:9, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.