§ 3169. Proceedings in more than one state Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under subdivision 3164(a)(1) or (2) of this title, if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the Probate Division of the Superior Court in this State has jurisdiction under section 3163 of this title, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 3163 of this title before the appointment or issuance of the order. (2) If the Probate Division of the Superior Court in this State does not have jurisdiction under section 3163 of this title, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Probate Division shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the Probate Division in this State shall dismiss the petition unless the court in the other state determines that the Probate Division of the Superior Court in this State is a more appropriate forum.
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