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Section 2033 Of Article 6. Federally Recognized Indian Tribe From California Probate Code >> Division 4. >> Part 3. >> Chapter 8. >> Article 6.
2033
. (a) If a petition for the appointment of a conservator has
been filed in a court of this state and a conservator has not yet
been appointed, any person entitled to notice of a hearing on the
petition may move to dismiss the petition on the grounds that the
proposed conservatee is a member of an Indian tribe with
jurisdiction. The petition shall state the name of the Indian tribe.
(b) If, after communicating with the named tribe, the court of this state finds that the proposed conservatee is a member of an Indian tribe with jurisdiction, it may grant the motion to dismiss if it finds that there is good cause to do so. If the motion is granted, the court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a conservator be filed promptly in the tribal court.
(c) In determining whether there is good cause to grant the motion, the court may consider all relevant factors, including, but not limited to, the following:
(1) Any expressed preference of the proposed conservatee.
(2) Whether abuse, neglect, or exploitation of the proposed conservatee has occurred or is likely to occur and which state could best protect the proposed conservatee from the abuse, neglect, or exploitation.
(3) The length of time the proposed conservatee was physically present in or was a legal resident of this or another state.
(4) The location of the proposed conservatee's family, friends, and other persons required to be notified of the conservatorship proceeding.
(5) The distance of the proposed conservatee from the court in each state.
(6) The financial circumstances of the estate of the proposed conservatee.
(7) The nature and location of the evidence.
(8) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
(9) The familiarity of the court of each state with the facts and issues in the proceeding.
(10) If an appointment were made, the court's ability to monitor the conduct of the conservator.
(11) The timing of the motion, taking into account the parties' and court's expenditure of time and resources.
(d) Notwithstanding subdivision (b), the court shall not grant a motion to dismiss pursuant to this section if the tribal court expressly declines to exercise its jurisdiction with regard to the proposed conservatee.
(b) If, after communicating with the named tribe, the court of this state finds that the proposed conservatee is a member of an Indian tribe with jurisdiction, it may grant the motion to dismiss if it finds that there is good cause to do so. If the motion is granted, the court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a conservator be filed promptly in the tribal court.
(c) In determining whether there is good cause to grant the motion, the court may consider all relevant factors, including, but not limited to, the following:
(1) Any expressed preference of the proposed conservatee.
(2) Whether abuse, neglect, or exploitation of the proposed conservatee has occurred or is likely to occur and which state could best protect the proposed conservatee from the abuse, neglect, or exploitation.
(3) The length of time the proposed conservatee was physically present in or was a legal resident of this or another state.
(4) The location of the proposed conservatee's family, friends, and other persons required to be notified of the conservatorship proceeding.
(5) The distance of the proposed conservatee from the court in each state.
(6) The financial circumstances of the estate of the proposed conservatee.
(7) The nature and location of the evidence.
(8) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
(9) The familiarity of the court of each state with the facts and issues in the proceeding.
(10) If an appointment were made, the court's ability to monitor the conduct of the conservator.
(11) The timing of the motion, taking into account the parties' and court's expenditure of time and resources.
(d) Notwithstanding subdivision (b), the court shall not grant a motion to dismiss pursuant to this section if the tribal court expressly declines to exercise its jurisdiction with regard to the proposed conservatee.
