§ 30-3907 — Definitions; significant connection factors

(1)
For purposes of sections 30-3907 to 30-3915 :
(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; and
(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 section 30-3909 and subsection (5) of
section 30-3916 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.

Legislative History

Source: Laws 2011, LB157, § 11.