P.R. Laws tit. 32, § 2676b

2019-02-20 00:00:00+00
§ 2676b. Jurisdiction

A court of Puerto Rico has jurisdiction to appoint a guardian or issue a protective order for a respondent or protected person if:

(a) Puerto Rico is the respondent’s home state.

(b) On the date the petition is filed, Puerto Rico has a significant-connection and:

(1) The respondent or protected person does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because Puerto Rico is a more appropriate forum; or

(2) the respondent or protected person 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:

A petition for an appointment or order is not filed in the respondent or protected person’s home state.

An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.

The court of Puerto Rico concludes that it is an appropriate forum under the factors set forth in § 2676e of this title.

(3) Puerto Rico does not have jurisdiction under clause (1) or (2), the respondent’s or protected person’s home state and all significant-connection states have declined to exercise jurisdiction because Puerto Rico is the more appropriate forum, and jurisdiction in Puerto Rico is consistent with the constitutions of other states involved and the United States, or

(4) the requirements for special jurisdiction under § 2676c of this title are met.

History —Oct. 5, 2012, No. 296, § 7.3.