Skip to Content
April 26, 2024 Clear | 55°F
The 193rd General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
  3. Title II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
  4. Chapter 190B MASSACHUSETTS UNIFORM PROBATE CODE
  5. Article 5A UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
  6. Section 5A-203 Jurisdiction

Section 5A-203

Section 5A-203: Jurisdiction

Section 5A–203. [Jurisdiction.]

A court of the commonwealth has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) the commonwealth is the respondent's home state;

(2) on the date the petition is filed, the commonwealth is a significant-connection state and:

(A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because the commonwealth is a more appropriate forum; or

(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:

(i) a petition for an appointment or order is not filed in the respondent's home state;

(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court in the commonwealth concludes that it is an appropriate forum under the factors in section 5A–206;

(3) the commonwealth does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because the commonwealth is the more appropriate forum and jurisdiction in the commonwealth is consistent with the constitutions of the commonwealth and the United States; or

(4) the requirements for special jurisdiction under section 5A–204 are met.