ILCS » Chapter 755 · Act 8

755 ILCS 8/203

Jurisdiction

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(755 ILCS 8/203)
    Sec. 203. Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
        (1) this state is the respondent's home state;
        (2) on the date the petition is filed, this state is
    
a significant-connection state and:
            (A) the respondent does not have a home state or
        
a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
            (B) the respondent has a home state, a petition
        
for an appointment or 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:
                (i) a petition for an appointment or order is
            
not filed in the respondent's home state;
                (ii) an objection to the court's jurisdiction
            
is not filed by a person required to be notified of the proceeding; and
                (iii) the court in this state concludes that
            
it is an appropriate forum under the factors set forth in Section 206;
        (3) this state does not have jurisdiction under
    
either paragraph (1) or (2), the respondent's home state 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
        (4) the requirements for special jurisdiction under
    
Section 204 are met.
(Source: P.A. 96-177, eff. 1-1-10.)

    
Notes of Decisions
Cited in 2 cases, 2017–2017 · leading case: In re Estate of Kusmanoff
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In re Estate of Kusmanoff (2017) illappct · cites it 2× “” 755 ILCS 8/203(1) (West 2014). “ ‘Home state’ ” is defined by the Guardianship Jurisdiction Act as follows: “[T]he state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing…”
In re Estate of Kusmanoff (2017) illappct · cites it 3× “We decline to address specifically what residency and/or connection requirements a state that has not adopted the Guardianship Jurisdiction Act would need to have in place in order to be considered “similar” to section 203 of the Guardianship Jurisdiction Act (755 ILCS 8/203…”
— 755 ILCS 8/203(1) — 2 cases
In re Estate of Kusmanoff (2017) illappct “” 755 ILCS 8/203(1) (West 2014). “ ‘Home state’ ” is defined by the Guardianship Jurisdiction Act as follows: “[T]he state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing…”
In re Estate of Kusmanoff (2017) illappct “We decline to address specifically what residency and/or connection requirements a state that has not adopted the Guardianship Jurisdiction Act would need to have in place in order to be considered “similar” to section 203 of the Guardianship Jurisdiction Act (755 ILCS 8/203…”
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