In addition to the terms defined in Part 1, Article 5, Title 62, the following terms, as used in the part, apply:

(1) "Court" means a probate court in this State or a court in another state with the same jurisdiction as a probate court in this State.

(2) "Guardianship order" means an order appointing a guardian.

(3) "Home state" means the state in which the alleged incapacitated individual was physically present, including a period of temporary absence, for at least six consecutive months immediately preceding the filing of a petition for the appointment of a guardian or protective order; or if none, the state in which the alleged incapacitated individual was physically present, including a period of temporary absence, for at least six consecutive months ending with the six months prior to the filing of the petition.

(4) "Significant-connection state" means a state, other than the home state, with which an alleged incapacitated individual has a significant connection other than mere physical presence and in which substantial evidence concerning the alleged incapacitated individual is available. In determining, pursuant to Sections 62-5-707 and 62-5-714, whether an alleged incapacitated individual has a significant connection with a particular state, the court shall consider the:

(a) location of the alleged incapacitated individual's family and other persons required to be notified of the guardianship or protective proceeding;

(b) length of time the alleged incapacitated individual at any time was physically present in the state and the duration of any absence;

(c) location of the alleged incapacitated individual's property; and

(d) extent to which the alleged incapacitated individual has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.

HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.

Editor's Note

2010 Act No. 213, Section 4, provides as follows:

"The provisions of this act take effect on January 1, 2011, and apply to guardianship and protective proceedings begun on or after that date."