§ 28-35-06 — (201) Definitions - Significant connection factors

North Dakota § 28-35-06

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-35: Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Text

1. In sections 28-35-06, 28-35-07, 28-35-08, 28-35-09, 28-35-10, 28-35-11, 28-35-12,
28-35-13, and 28-35-14:
a. "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.
b. "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.
c. "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.
2. In determining under sections 28-35-08 and subsection 5 of section 28-35-15 whether
a respondent has a significant connection with a particular state, the court shall
consider:
a. The location of the respondent's family and other persons required to be notified
of the guardianship or protective proceeding;
b. The length of time the respondent at any time was physically present in the state
and the duration of any absence;

c. The location of the respondent's property; and
d. 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.