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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
Sec. 39A-101. Definitions.

(76 Del. Laws, c. 380, Sec. 5.) (5331)

Sec. 39A-102. International application of Act. (5332)(Text)

The Court may treat a foreign country as if it were a state for the purpose of applying this chapter. (5333)

(76 Del. Laws, c. 380, Sec. 5.) (5334)

Sec. 39A-103. Communication between courts. (5335)(Text)

(a) The Court may communicate with a court in another state concerning a proceeding arising under this chapter. The Court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the Court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (5336)

(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. (5337)

(76 Del. Laws, c. 380, Sec. 5.) (5338)

Sec. 39A-104. Cooperation between courts. (5339)(Text)

(a) In a guardianship or protective proceeding in this State, the Court may request the appropriate court of another state to do any of the following: (5340)

(1) Hold an evidentiary hearing; (5341)

(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (5342)

(3) Order that an evaluation or assessment be made of the respondent; (5343)

(4) Order any appropriate investigation of a person involved in a proceeding; (5344)

(5) Forward to the Court a certified copy of the transcript or other record of a hearing under paragraph (a)(1) of this section or any other proceeding, any evidence otherwise produced under paragraph (a)(2) of this section, and any evaluation or assessment prepared in compliance with an order under paragraph (a)(3) or (a)(4) of this section; (5345)

(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the Court to make a determination, including the respondent or the incapacitated or protected person; (5346)

(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Sec. 164.504. (5347)

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, the Court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. (5348)

(76 Del. Laws, c. 380, Sec. 5.) (5349)

Sec. 39A-105. Taking testimony in another state. (5350)(Text)

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The Court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (5351)

(b) In a guardianship or protective proceeding, a court in this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. The Court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (5352)

(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. (5353)

(76 Del. Laws, c. 380, Sec. 5.) (5354)

Sec. 39A-201. Jurisdiction. (5355)(Text)

The Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (5356)

1. This State is the respondent's home state; (5357)

2. On the date the petition is filed, this State is a significant-connection state and: (5358)

(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; or (5359)

(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: (5360)

(i) A petition for an appointment or order is not filed in the respondent's home state; (5361)

(ii) An objection to the Court's jurisdiction is not filed by a person required to be notified of the proceeding; and (5362)

(iii) The Court concludes that it is an appropriate forum under the factors set forth in Sec. 39A-204 of this title; (5363)

3. This State does not have jurisdiction under either paragraph 1. or 2. of this section, 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 constitutions of this State and the United States; or (5364)

4. The requirements for special jurisdiction under Sec. 39A-202 of this title are met. (5365)

(76 Del. Laws, c. 380, Sec. 5.) (5366)

Sec. 39A-202. Special jurisdiction. (5367)(Text)

(a) The Court lacking jurisdiction under Sec. 39A-201 of this title has special jurisdiction to do any of the following: (5368)

(1) Appoint a guardian in an emergency pursuant to Sec. 3901 of this title for a term not exceeding 30 days for a respondent who is physically present in this State; (5369)

(2) Issue a protective order with respect to real or tangible personal property located in this State; (5370)

(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Sec. 39A-301 of this title. (5371)

(b) If a petition for the appointment of a guardian in an emergency is brought in this State pursuant to Sec. 3901 of this title and this State was not the respondent's home state on the date the petition was filed, the Court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. (5372)

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