§ 13:4251.201 — Definitions; significant-connection factors

Louisiana § 13:4251.201

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§4251.201. Definitions; significant-connection factors
A. In this Part:
(1) "Emergency" means a circumstance that likely will result in substantial harm to
a respondent's health, safety, or welfare, and for which the appointment of a guardian is
necessary because no other person has authority and is willing to act on the respondent's
behalf.
(2) "Home state" means the state in which the respondent was physically present,
including any period of temporary absence, for at least six consecutive months immediately
before the filing of a petition for a protective order or the appointment of a guardian; or if
none, the state in which the respondent was physically present, including any period of
temporary absence, for at least six consecutive months ending within the six months prior
to the filing of the petition.
(3) "Significant-connection state" means a state, other than the home state, with
which a respondent has a significant connection other than mere physical presence and in
which substantial evidence concerning the respondent is available.
B. In determining under R.S. 13:4251.203 and R.S. 13:4251.301(E) whether a
respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified
of the guardianship or protective proceeding.
(2) The length of time the respondent at any time was physically present in the state
and the duration of any absence.
(3) The location of the respondent's property.
(4) The extent to which the respondent 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.

Legislative History

Acts 2016, No. 333, §1.