18-C M.R.S. §5-626: Appropriate forum

1. Decline jurisdiction. A court of this State having jurisdiction under section 5‑623 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.

2. Actions by court that declines jurisdiction. If a court of this State declines to exercise its jurisdiction under subsection 1, it shall either:

A. Dismiss or stay the proceeding; or

B. 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.

3. Appropriate forum factors. In determining whether it is an appropriate forum, the court shall consider all relevant factors, which may include:

A. Any expressed preference of the respondent;

B. 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;

C. The length of time the respondent was physically present in or was a legal resident of this State or another state;

D. The distance of the respondent from the court in each state;

E. The financial circumstances of the respondent's estate;

F. The nature and location of the evidence;

G. The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

H. The familiarity of the court of each state with the facts and issues in the proceeding; and

I. If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.