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The 192nd General Court of the Commonwealth of Massachusetts

Section 5A-201: Definitions; significant connection factors

Section 5A–201. [Definitions; Significant Connection Factors.]

(a) As used in this part, the following terms shall have the following meaning:

(1) ''Emergency'', a circumstance that will likely 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.

(2) ''Home state'', 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; provided, however, that if there is no such state then 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.

(3) ''Significant-connection state'', 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.

(b) In determining under section 5A–203 and subsection (e) of section 5A–301 if 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 guardianship or protective proceeding;

(2) the length of time the respondent was physically present in the state at any time 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 registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services.