A court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if: This State is the home state of the respondent; On the date the petition is filed, this State is a significant–connection state and: The respondent does not have a home state or a court of the home state of the respondent has declined to exercise jurisdiction because this State is a more appropriate forum; or The respondent has a home state, a petition for the appointment of a guardian or protective order is not pending in a court of that state or another significant–connection state, and, before the court makes the appointment or issues the order: A petition for an appointment or order is not filed in the home state of the respondent; An objection to the jurisdiction of the court is not filed by a person required to be notified of the proceeding; and The court concludes that the court is an appropriate forum under the factors set forth in § 13.5–204 of this subtitle; This State does not have jurisdiction under item (1) or (2) of this subsection; and The home state of the respondent and all significant–connection states have declined to exercise jurisdiction because: This State is the more appropriate forum; and Jurisdiction in this State is consistent with the constitutions of this State and the United States; or The requirements for special jurisdiction under § 13.5–202 of this subtitle are met.

A court of this State lacking jurisdiction under § 13.5–201 of this subtitle has special jurisdiction to do any of the following: Appoint a guardian in an emergency in accordance with § 13–709 of this article for a term not exceeding 60 days for a respondent who is physically located in this State; Issue a protective order with respect to real or tangible personal property located in this State; and 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 as provided in § 13.5–301 of this title. If a petition for the appointment of a guardian in an emergency is brought in this State in accordance with § 13–709 of this article and this State was not the home state of the respondent on the date the petition was filed, the court shall dismiss the proceeding at the request of the court in the other state, if any, whether dismissal is requested before or after the emergency appointment.�

Except as otherwise provided in § 13.5–202 of this subtitle, a court that has appointed a guardian or issued a protective order consistent with this title has exclusive and continuing jurisdiction over the proceeding until the proceeding is terminated by the court or the appointment or order expires by the terms of the appointment or order.

A court of this State having jurisdiction under § 13.5–201 of this subtitle to appoint a guardian or issue a protective order may decline to exercise jurisdiction if the court determines at any time that a court of another state is a more appropriate forum. If a court of this State declines jurisdiction over a guardianship proceeding or protective proceeding under subsection (a) of this section, the court shall either dismiss the proceeding or stay the proceeding. A court under paragraph (1) of this subsection may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state. In determining whether the court is an appropriate forum, a court shall consider all relevant factors, including: An expressed preference of the respondent; 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; The length of time the respondent was physically located in or was a legal resident of this State or another state; The distance of the respondent from the court in each state; The financial circumstances of the estate of the respondent; The nature and location of the evidence; The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; The familiarity of the court of each state with the facts and issues in the proceeding; and If an appointment were made, the ability of the court to monitor the conduct of the guardian or conservator.

If at any time a court of this State determines that the court acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: Decline to exercise jurisdiction; 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 property of the respondent or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or protective order is filed in a court of another state having jurisdiction; or Continue to exercise jurisdiction after considering: The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the jurisdiction of the court; Whether the court is a more appropriate forum than the court of any other state under the factors set forth in § 13.5–204(c) of this subtitle; and Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 13.5–201 of this subtitle. 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 the jurisdiction of the court engaged in unjustifiable conduct, the court 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 may 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 this title.

If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State is not the home state of the respondent on the date the petition is filed, in addition to complying with the notice requirements of this State, notice of the petition shall be given by the petitioner to those persons who would be entitled to notice of the petition if the proceeding were brought in the home state of the respondent. The notice described in subsection (a) of this section shall be given in the same manner as notice is given in this State.

Except for a petition for the appointment of a guardian in an emergency or a protective order limited to property located in this State as provided in § 13.5–202 of this subtitle, if a petition for the appointment of a guardian or protective order is filed in this State and another state and neither petition has been dismissed or withdrawn, the following rules apply: If the court in this State has jurisdiction under § 13.5–201 of this subtitle, the court may proceed with the case unless a court in another state acquires jurisdiction under § 13.5–201 of this subtitle before the appointment or issuance of the order; or If the court in this State does not have jurisdiction under § 13.5–201 of this subtitle, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state; and If the court in the other state does not determine that the court in this State is a more appropriate forum, the court in this State shall dismiss the petition.