Montana Code 72-5-611. Definitions — significant connection factors
72-5-611. Definitions — significant connection factors. (1) In 72-5-611 through 72-5-619, the following definitions apply:
Terms Used In Montana Code 72-5-611
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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 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 6 consecutive months ending within the 6 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 72-5-613 and 72-5-624(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.