{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2110.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2110.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2110.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2110.html"}],"law_id":55431,"edition_id":1,"section_id":55431,"structure_id":13961,"section_number":"64.2-2110","catch_line":"Appropriate forum","history":"2011, c. 518, \u00a7 37.2-1042; 2012, c. 614.","full_text":"A\n\nA court of the Commonwealth having jurisdiction under § 64.2-2107 to appoint a guardian or issue a conservatorship 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\n\nIf a court of the Commonwealth 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 conservatorship order be filed promptly in another state.C\n\nIn determining whether it is an appropriate forum, the court shall consider all relevant factors, including:1\n\nAny expressed preference of the respondent;2\n\nWhether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;3\n\nThe length of time the respondent was physically present in or was a legal resident of the Commonwealth or another state;4\n\nThe distance of the respondent from the court in each state;5\n\nThe financial circumstances of the respondent’s estate;6\n\nThe nature and location of the evidence;7\n\nThe ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;8\n\nThe familiarity of the court of each state with the facts and issues in the proceeding; and9\n\nIf an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.","order_by":null,"text":{"0":{"id":203207,"text":"A court of the Commonwealth having jurisdiction under § 64.2-2107 to appoint a guardian or issue a conservatorship order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":203208,"text":"If a court of the Commonwealth 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 conservatorship order be filed promptly in another state.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":203209,"text":"In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":203210,"text":"Any expressed preference of the respondent;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":203211,"text":"Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":203212,"text":"The length of time the respondent was physically present in or was a legal resident of the Commonwealth or another state;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":203213,"text":"The distance of the respondent from the court in each state;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":203214,"text":"The financial circumstances of the respondent’s estate;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":203215,"text":"The nature and location of the evidence;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":203216,"text":"The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"10":{"id":203217,"text":"The familiarity of the court of each state with the facts and issues in the proceeding; and","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"11":{"id":203218,"text":"If an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8"}},"ancestry":[{"id":13961,"edition_id":1,"name":"Jurisdiction","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13960,"metadata":{},"date_created":"2026-06-26 03:46:26","date_modified":"2026-06-26 03:46:26","permalink":{"id":275657,"object_type":"structure","relational_id":13961,"identifier":"2","token":"64.2\/IV\/D\/21\/2","url":"\/64.2\/IV\/D\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13960,"edition_id":1,"name":"Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act","identifier":"21","label":"chapter","depth":4,"order_by":1,"parent_id":13266,"metadata":{},"date_created":"2026-06-26 03:46:26","date_modified":"2026-06-26 03:46:26","permalink":{"id":275633,"object_type":"structure","relational_id":13960,"identifier":"21","token":"64.2\/IV\/D\/21","url":"\/64.2\/IV\/D\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13266,"edition_id":1,"name":"Guardianship of Incapacitated Persons","identifier":"D","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":275493,"object_type":"structure","relational_id":13266,"identifier":"D","token":"64.2\/IV\/D","url":"\/64.2\/IV\/D\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12905,"edition_id":1,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":274813,"object_type":"structure","relational_id":12905,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67419,"structure_id":13961,"section_number":"64.2-2105","catch_line":"Definitions; significant connection factors","url":"\/64.2-2105\/","token":"64.2\/IV\/D\/21\/2\/64.2-2105","metadata":false},{"id":66465,"structure_id":13961,"section_number":"64.2-2106","catch_line":"Exclusive basis","url":"\/64.2-2106\/","token":"64.2\/IV\/D\/21\/2\/64.2-2106","metadata":false},{"id":62347,"structure_id":13961,"section_number":"64.2-2107","catch_line":"Jurisdiction","url":"\/64.2-2107\/","token":"64.2\/IV\/D\/21\/2\/64.2-2107","metadata":false},{"id":64015,"structure_id":13961,"section_number":"64.2-2108","catch_line":"Special jurisdiction","url":"\/64.2-2108\/","token":"64.2\/IV\/D\/21\/2\/64.2-2108","metadata":false},{"id":55020,"structure_id":13961,"section_number":"64.2-2109","catch_line":"Exclusive and continuing jurisdiction","url":"\/64.2-2109\/","token":"64.2\/IV\/D\/21\/2\/64.2-2109","metadata":false},{"id":55431,"structure_id":13961,"section_number":"64.2-2110","catch_line":"Appropriate forum","url":"\/64.2-2110\/","token":"64.2\/IV\/D\/21\/2\/64.2-2110","metadata":false},{"id":71212,"structure_id":13961,"section_number":"64.2-2111","catch_line":"Jurisdiction declined by reason of conduct","url":"\/64.2-2111\/","token":"64.2\/IV\/D\/21\/2\/64.2-2111","metadata":false},{"id":81452,"structure_id":13961,"section_number":"64.2-2112","catch_line":"Notice of proceeding","url":"\/64.2-2112\/","token":"64.2\/IV\/D\/21\/2\/64.2-2112","metadata":false},{"id":62460,"structure_id":13961,"section_number":"64.2-2113","catch_line":"Proceedings in more than one state","url":"\/64.2-2113\/","token":"64.2\/IV\/D\/21\/2\/64.2-2113","metadata":false}],"previous_section":{"id":55020,"structure_id":13961,"section_number":"64.2-2109","catch_line":"Exclusive and continuing jurisdiction","url":"\/64.2-2109\/","token":"64.2\/IV\/D\/21\/2\/64.2-2109","metadata":false},"next_section":{"id":71212,"structure_id":13961,"section_number":"64.2-2111","catch_line":"Jurisdiction declined by reason of conduct","url":"\/64.2-2111\/","token":"64.2\/IV\/D\/21\/2\/64.2-2111","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2110\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 518<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d 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 \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":62347,"section_number":"64.2-2107","catch_line":"Jurisdiction","order_by":null,"url":"\/64.2-2107\/"},{"id":71212,"section_number":"64.2-2111","catch_line":"Jurisdiction declined by reason of conduct","order_by":null,"url":"\/64.2-2111\/"}],"refers_to":[{"id":62347,"section_number":"64.2-2107","catch_line":"Jurisdiction","order_by":null,"url":"\/64.2-2107\/"}],"permalink":{"id":275679,"object_type":"law","relational_id":55431,"identifier":"64.2-2110","token":"64.2\/IV\/D\/21\/2\/64.2-2110","url":"\/64.2-2110\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2110\/","token":"64.2\/IV\/D\/21\/2\/64.2-2110","dublin_core":{"Title":"Appropriate forum","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2110","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A court<\/span> of the Commonwealth having jurisdiction<\/span> under § 64.2-2107<\/a> to appoint a guardian<\/span> or issue<\/span> a conservatorship order<\/span> may decline to exercise its jurisdiction<\/span> if it determines at any time that a court<\/span> of another state<\/span> is a more appropriate forum. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a court<\/span> of the Commonwealth declines to exercise its jurisdiction<\/span> under subsection A, it shall either dismiss or stay<\/span> the proceeding. The court<\/span> may impose any condition the court<\/span> considers just and proper, including the condition that a petition<\/span> for the appointment of a guardian<\/span> or issuance of a conservatorship order<\/span> be filed promptly in another state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In determining whether it is an appropriate forum, the court<\/span> shall consider all relevant factors, including: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any expressed preference of the respondent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whether abuse, neglect, or exploitation of the respondent<\/span> has occurred or is likely to occur and which state<\/span> could best protect the respondent<\/span> from the abuse, neglect, or exploitation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The length of time the respondent<\/span> was physically present in or was a legal resident of the Commonwealth or another state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The distance of the respondent<\/span> from the court<\/span> in each state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The financial circumstances of the respondent<\/span>’s estate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The nature and location of the evidence<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The ability of the court<\/span> in each state<\/span> to decide the issue<\/span> expeditiously and the procedures necessary to present evidence<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The familiarity of the court<\/span> of each state<\/span> with the facts<\/span> and issues<\/span> in the proceeding; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> If an appointment were made, the court<\/span>’s ability to monitor the conduct of the guardian<\/span> or conservator<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPROPRIATE FORUM (\u00a7 64.2-2110)\n\nA. A court of the Commonwealth having jurisdiction under § 64.2-2107 to\nappoint a guardian or issue a conservatorship order may decline to exercise its\njurisdiction if it determines at any time that a court of another state is a\nmore appropriate forum.\n\nB. If a court of the Commonwealth declines to exercise its jurisdiction under\nsubsection A, it shall either dismiss or stay the proceeding. The court may\nimpose any condition the court considers just and proper, including the\ncondition that a petition for the appointment of a guardian or issuance of a\nconservatorship order be filed promptly in another state.\n\nC. In determining whether it is an appropriate forum, the court shall consider\nall relevant factors, including:\n\n 1. Any expressed preference of the respondent;\n\n 2. Whether abuse, neglect, or exploitation of the respondent has occurred or\n is likely to occur and which state could best protect the respondent from the\n abuse, neglect, or exploitation;\n\n 3. The length of time the respondent was physically present in or was a legal\n resident of the Commonwealth or another state;\n\n 4. The distance of the respondent from the court in each state;\n\n 5. The financial circumstances of the respondent’s estate;\n\n 6. The nature and location of the evidence;\n\n 7. The ability of the court in each state to decide the issue expeditiously\n and the procedures necessary to present evidence;\n\n 8. The familiarity of the court of each state with the facts and issues in the\n proceeding; and\n\n 9. If an appointment were made, the court’s ability to monitor the\n conduct of the guardian or conservator.\n\nHISTORY: 2011, c. 518, \u00a7 37.2-1042; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}