Iowa Code § 633.709

Current through March 29, 2024
Section 633.709 - Jurisdiction

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply:

1. This state is the respondent's home state.
2. This state is a significant-connection state and, on the date the petition is filed, any of the following apply:
a. The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum.
b. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order, all of the following apply:
(1) A petition for an appointment or order is not filed in the respondent's home state.
(2) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding.
(3) The court in this state concludes that it is an appropriate forum under the factors set forth in section 633.712.
3. Either of the following apply:
a. This state does not have jurisdiction under either subsection 1 or 2, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitution of the State of Iowa and the Constitution of the United States.
b. The requirements for special jurisdiction under section 633.710 are met.

Iowa Code § 633.709

2010 Acts, ch 1086, §10, 24, 25

2010 Acts, ch 1086, §10, 24, 25

Referred to in §633.710, 633.712, 633.713, 633.715