P.R. Laws tit. 32, § 2676

2019-02-20 00:00:00+00
§ 2676. Definitions; significant connection factors

(a) For purposes of this section, the following definitions are hereby established:

(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 or protected person’s behalf.

(2) Home state.— Means the state in which the respondent or protected person 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 (6) consecutive months ending within the six (6) months prior to the filing of the petition.

(3) Significant-connection state.— Means a state, other than the home state, with which a respondent or protected person has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(b) In determining whether a respondent or protected person has a significant connection with a particular state, the court shall consider:

(1) The location of the respondent’s or protected person’s family and other persons required to be notified;

(2) the length of time the respondent or protected person at any time was physically present in the state and the duration of any absence;

(3) the location of the respondent’s or protected person’s property, and

(4) the extent to which the respondent or protected person 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.

History —Oct. 5, 2012, No. 296, § 7.1.