New Mexico § 45-5A-201 - Definitions; significant-connection factors

§ 45-5A-201. Definitions; significant-connection factors

A. As used in Part 2 of the Uniform Adult Guardianship and Protective Proceedings

Jurisdiction Act: (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 behalf; (2) “ home state ” means the state in which the respondent 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 consecutive months ending within the six months

prior to the filing of the petition; and (3) “ 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. B. In determining pursuant to Section 45-5A-203 and Subsection E of Section 45-5A-301 NMSA 1978 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 guardianship or protective proceeding; (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 registration,

state or local tax return filing, vehicle registration, driver's license, social relationship

and receipt of services.