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The 192nd General Court of the Commonwealth of Massachusetts

Section 5A-209: Proceedings in more than one state

Section 5A–209. [Proceedings in More than One State.]

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the commonwealth under paragraph (1) or (2) of subsection (a) of section 5A–204, if a petition for the appointment of a guardian or issuance of a protective order is filed in the commonwealth and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in the commonwealth has jurisdiction under section 5A–203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 5A–203 before the appointment or issuance of the order.

(2) If the court in the commonwealth does not have jurisdiction under section 5A–203, 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.