Virginia Code 64.2-2113: Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a conservatorship order limited to property located in the Commonwealth under subdivision A 1 or A 2 of § 64.2-2108, if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in the Commonwealth and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
Terms Used In Virginia Code 64.2-2113
- 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.
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
1. If the court in the Commonwealth has jurisdiction under § 64.2-2107, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 64.2-2107 before the appointment or issuance of the order.
2. If the court in the Commonwealth does not have jurisdiction under § 64.2-2107, 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 the Commonwealth shall dismiss the petition unless the court in the other state determines that the court in the Commonwealth is a more appropriate forum.