(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:

(1)  Decline to exercise jurisdiction;

(2)  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

(3)  Continue to exercise jurisdiction after considering:

(i)  The extent to which the respondent and all persons required to be notified of the proceedings has acquiesced in the exercise of the court’s jurisdiction;

(ii)  Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 33-15.2-206(c); and

(iii)  Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 33-15.2-203.

Terms Used In Rhode Island General Laws 33-15.2-207

  • 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 person of an adult, including a person appointed under chapter 15 of Title 33. See Rhode Island General Laws 33-15.2-102
  • 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.
  • Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. See Rhode Island General Laws 33-15.2-102
  • Protective order: means an order appointing a conservator or another court order related to management of an adult's property. See Rhode Island General Laws 33-15.2-102
  • Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Rhode Island General Laws 33-15.2-102
  • 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 Rhode Island General Laws 33-15.2-102

(b)  If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.

History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.