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§ 64.2-2108 Special jurisdiction

A. A court of the Commonwealth lacking jurisdiction under the provisions of § 64.2-2107 has special jurisdiction to do any of the following:

1. Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in the Commonwealth;

2. Issue a conservatorship order with respect to real or tangible personal property located in the Commonwealth; or

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 § 64.2-2114.

B. If a petition for the appointment of a guardian in an emergency is brought in the Commonwealth and the Commonwealth 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.

History

This law was first created in 2011. The record of its establishment is cataloged in chapter 518 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. That modification is as follows: in 2012, chapter 614.

2011, c. 518, § 37.2-1040; 2012, c. 614.

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