                                 CODE OF VIRGINIA

JURISDICTION DECLINED BY REASON OF CONDUCT (§ 64.2-2111)

A. If at any time a court of the Commonwealth determines that it acquired
jurisdiction to appoint a guardian or issue a conservatorship order because a
person seeking to invoke its jurisdiction has engaged in unjustifiable conduct,
the court may:

   1. Decline to exercise jurisdiction;

   2. Exercise jurisdiction for the limited purpose of fashioning an appropriate
   remedy to ensure the health, safety, and welfare of the respondent or the
   protection of the respondent&#8217;s property or to prevent a repetition of
   the unjustifiable conduct, including staying the proceeding until a petition
   for the appointment of a guardian or issuance of a conservatorship order is
   filed in a court of another state having jurisdiction; or

   3. Continue to exercise jurisdiction after considering:
   				a. The extent to which the respondent and all persons required to be
   notified of the proceedings have acquiesced in the exercise of the
   court&#8217;s jurisdiction;
   				b. Whether it is a more appropriate forum than the court of any other
   state under the factors set forth in subsection C of &#xA7; 64.2-2110; and
   				c. Whether the court of any other state would have jurisdiction under
   factual circumstances in substantial conformity with the jurisdictional
   standards of &#xA7; 64.2-2107.

B. If a court of the Commonwealth determines that it acquired jurisdiction to
appoint a guardian or issue a conservatorship 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 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 the Commonwealth or a governmental subdivision, agency, or
instrumentality of the Commonwealth unless authorized by law other than this
chapter.

HISTORY: 2011, c. 518, § 37.2-1043; 2012, c. 614.