387.822 Definitions for KRS 387.822 to 387.838 -- Significant connection factors.

273 words·~1 min read·/ky/chapter-387/387-822

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used in KRS 387.822 to 387.838:

(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

(6)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

(6)consecutive months ending within the six

(6)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 KRS 387.826 and 387.840(5) 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.