South Carolina Code 62-5-713. Rules for dealing with conflicting petitions in this and another 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 pursuant to § 62-5-708(A)(1) or (2), 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issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(A) if the court has jurisdiction pursuant to § 62-5-707, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 62-5-707 before the appointment or issuance of the order; or
Terms Used In South Carolina Code 62-5-713
- 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.
(B) if the court does not have jurisdiction pursuant to § 62-5-707, 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.