This law gives the meaning of three important words used in guardianship cases that happen across different states. An 'emergency' is when someone could get seriously hurt and no one else is there to help them. A 'home state' is the state where that person has lived for at least six months in a row before someone asks a court for help. A 'significant-connection state' is a different state where that person has strong ties and where important information about them can be found. The law also lists things a court looks at to decide if a person has strong ties to a state, like where their family lives, how long they lived there, where their property is, and things like a driver's license or voter registration in that state.
475.521. Definitions — factors. — 1. In this article, the following terms mean:
(1) "Emergency", a circumstance that likely result in to a 's health, safety, or welfare, and for which the appointment of a is necessary because no other person has and is willing to act on the respondent's behalf;
(2) "", the state in which the respondent was physically present, including any period of temporary absence, for at least six months immediately before the of a for a 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) "", a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which concerning the respondent is available.
2. In determining under section 475.523 and 5 of section 475.531 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 or ;
(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; and
(4) The extent to which the respondent has ties to the state such as voting , state or local tax filing, , driver's , social relationship, and receipt of services.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
Related Missouri laws
Exclusive basis
RSMo 475.522
Jurisdiction
RSMo 475.523
Special jurisdiction
RSMo 475.524
Exclusive and continuing jurisdiction
RSMo 475.525
Appropriate forum
RSMo 475.526
Jurisdiction declined by reason of conduct
RSMo 475.527
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.