(755 ILCS 8/Art. 2 heading)
Article 2. Jurisdiction
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/201)
Sec. 201. Definitions; significant connection factors. (a) In this Article: (1) "Emergency" means a circumstance that likely will | ||
| ||
(2) "Home state" means the state in which the | ||
| ||
(3) "Significant-connection state" means a state, | ||
| ||
(b) In determining under Section 203 and Section 301(e) whether a respondent has a significant connection with a particular state, the court shall consider: (1) the location of the respondent's family and other | ||
| ||
(2) the length of time the respondent at any time was | ||
| ||
(3) the location of the respondent's property; and (4) the extent to which the respondent has ties to | ||
| ||
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/202)
Sec. 202. Exclusive basis. This Article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/203)
Sec. 203. Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is | ||
| ||
(A) the respondent does not have a home state or | ||
| ||
(B) the respondent has a home state, a petition | ||
| ||
(i) a petition for an appointment or order is | ||
| ||
(ii) an objection to the court's jurisdiction | ||
| ||
(iii) the court in this state concludes that | ||
| ||
(3) this state does not have jurisdiction under | ||
| ||
(4) the requirements for special jurisdiction under | ||
| ||
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/204)
Sec. 204. Special jurisdiction. (a) A court of this state lacking jurisdiction under Section 203(1) through (3) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not | ||
| ||
(2) issue a protective order with respect to real or | ||
| ||
(3) appoint a guardian or conservator for an | ||
| ||
(b) If a petition for the appointment of a guardian in an emergency is brought in this state 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.
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/205)
Sec. 205. Exclusive and continuing jurisdiction. Except as otherwise provided in Section 204, a court that has appointed a guardian or issued a protective order consistent with this Act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/206)
Sec. 206. Appropriate forum. (a) A court of this state having jurisdiction under Section 203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (1) any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of the | ||
| ||
(3) the length of time the respondent was physically | ||
| ||
(4) the distance of the respondent from the court in | ||
| ||
(5) the financial circumstances of the respondent's | ||
| ||
(6) the nature and location of the evidence; (7) the ability of the court in each state to decide | ||
| ||
(8) the familiarity of the court of each state with | ||
| ||
(9) if an appointment were made, the court's ability | ||
| ||
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/207)
Sec. 207. Jurisdiction declined by reason of conduct. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of | ||
| ||
(3) continue to exercise jurisdiction after | ||
| ||
(A) the extent to which the respondent and all | ||
| ||
(B) whether it is a more appropriate forum than | ||
| ||
(C) whether the court of any other state would | ||
| ||
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this Act.
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/208)
Sec. 208. Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
(Source: P.A. 96-177, eff. 1-1-10.) |
(755 ILCS 8/209)
Sec. 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 this state under Section 204(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective 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 | ||
| ||
(2) If the court in this state does not have | ||
| ||
(Source: P.A. 96-177, eff. 1-1-10.) |