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Kentucky · Snapshot 09/05/2026

KRS 387.834: Jurisdiction declined by reason of conduct.

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Where this section sits in the code
  1. KRS Chapter 387

(1) 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:

(a) Decline to exercise jurisdiction;

(b) 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's property or prevent a repetition of the

unjustifiable conduct, including staying the proceeding until a petition for the

appointment of a guardian or issuance of a protective order is filed in a court

of another state having jurisdiction; or

(c) Continue to exercise jurisdiction after considering:

1. The extent to which the respondent and all persons required to be

notified of the proceedings have acquiesced in the exercise of the court's

jurisdiction;

2. Whether it is a more appropriate forum than the court of any other state

under the factors set forth in KRS 387.832(3); and

3. Whether the court of any other state w ould have jurisdiction under

factual circumstances in substantial conformity with the jurisdictional

standards of KRS 387.826.

(2) 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 shall 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 KRS

387.810 to 387.854.

Collected 2026-09-05T20:59:21Z. Source file · JSON

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