New Mexico § 45-5A-207 - Jurisdiction declined by reason of conduct

§ 45-5A-207. Jurisdiction declined by reason of conduct

A. If at any time a New Mexico court determines that it acquired jurisdiction to appoint

a guardian or issue a protective order because of unjustifiable conduct, the court

may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy

to: (a) ensure the health, safety and welfare of the respondent or the protection of the

respondent's property; or (b) 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 (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's jurisdiction; (b) whether it is a more appropriate forum than the court of any other state pursuant

to the factors set forth in Subsection C of Section 45-5A-206 NMSA 1978; and (c) whether the court of any other state would have jurisdiction under factual circumstances

in substantial conformity with the jurisdictional standards of Section 45-5A-203 NMSA 1978 . B. If a New Mexico court determines that it acquired jurisdiction to appoint a guardian

or to 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 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 New Mexico

or a governmental subdivision, agency or instrumentality of New Mexico unless authorized

by law other than the Uniform Adult Guardianship and Protective Proceedings Jurisdiction

Act.