ORS § 125.835

Current through 2024 Regular Session legislation effective June 6, 2024
Section 125.835 - Proceedings in more than one state

Except for a petition for the appointment of a temporary fiduciary under ORS 125.600 or issuance of a conservatorship order limited to property located in this state under ORS 125.822(1)(a) or (b), if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under ORS 125.820, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to ORS 125.820 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under ORS 125.820, 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.

ORS 125.835

2009 c. 179, § 15

See note under 125.800.