Section 475.035

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 2019, 2 histories   

  475.035.  Venue. — 1.  The venue for the appointment of a guardian or conservator shall be:

  (1)  In the county in this state where the minor or alleged incapacitated or disabled person is domiciled.  Domicile for a minor is the domicile of the custodial parent, custodial parents, or guardian.  Placement by a court, fiduciary, or agency for evaluation, treatment, or residential care shall not constitute a choice of domicile by the minor or alleged incapacitated or disabled person; however, for the purpose of determining domicile, the court may consider the desire or intent of the alleged incapacitated or disabled person to the extent he or she has capacity; or

  (2)  If the minor or alleged incapacitated or disabled person has no domicile in this state, then in the county in which the minor or alleged incapacitated or disabled person has a significant connection.  In determining under this section whether a minor or alleged incapacitated or disabled person has a significant connection, the court shall consider:

  (a)  Whether a juvenile, criminal, or probate court in a county of this state has previously or currently assumed jurisdiction over the minor or alleged incapacitated or disabled person under chapter 211 or 552;

  (b)  The location of the minor's or alleged incapacitated or disabled person's family and other persons required to be notified of the guardianship or conservatorship;

  (c)  Whether the minor or alleged incapacitated or disabled person has a residence or is physically present in the county and the duration of his or her physical presence or absence;

  (d)  The location of the minor's or alleged incapacitated or disabled person's property; and

  (e)  The extent to which the minor or alleged incapacitated or disabled person has ties such as voting registration, local tax return filing, vehicle registration, driver's license, social relationships, or receipt of services.

  2.  In the event the venue for purposes of guardianship and conservatorship are in different counties, venue shall be in the county of the guardianship.

  3.  If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of venue in the county where first commenced.  The proceeding is deemed commenced by the filing of a petition.

­­--------

(L. 1955 p. 385 § 288, A.L. 1983 S.B. 44 & 45, A.L. 1999 S.B. 387, et al., A.L. 2019 S.B. 230)