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This entry was published on 2015-11-27
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SECTION 83.03
Definitions
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 83
§ 83.03 Definitions.

For purposes of this article, the following definitions shall apply:

(a) "Adult" means an individual who has attained eighteen years of
age.

(b) "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.

(c) "Guardian of the property" means a person appointed by the court
to administer the property of an adult, including a person appointed
under article eighty-one of this title and article seventeen-A of the
surrogate's court procedure act, and including a conservator appointed
by a court in another state.

(d) "Guardian of the person" means a person appointed by the court to
make decisions regarding the person of an adult, including a person
appointed under article eighty-one of this title and article seventeen-A
of the surrogate's court procedure act.

(e) "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 of the person;
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.

(f) "Party" means the respondent, petitioner, guardian of the person,
conservator guardian of the property, or any other person allowed by the
court to participate in a guardianship proceeding for the appointment of
a guardian of the person or a protective proceeding.

(g) "Person", except in the term incapacitated person for whom a
guardian of the person has been appointed or protected person, means an
individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public
corporation, government or governmental subdivision, agency or
instrumentality, or any other legal or commercial entity.

(h) "Protected person" means an adult for whom a protective order has
been issued.

(i) "Protective order" means an order appointing a conservator,
guardian of the property or other order related to management of an
adult's property.

(j) "Protective proceeding" means a judicial proceeding in which a
protective order is sought or has been issued.

(k) "Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.

(l) "Respondent" means an adult for whom a protective order or the
appointment of a guardian of the person is sought.

(m) "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.

(n) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, a federally
recognized Indian tribe, or any territory or insular possession subject
to the jurisdiction of the United States.