29-3.5-2-3. Jurisdiction of Indiana Courts; Criteria
Sec. 3. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent’s home state; (2) on the date the petition is filed, this state is a significant connection state and: (A) the respondent does not have a home state […]
29-3.5-2-4. Special Jurisdiction
Sec. 4. (a) A court of this state lacking jurisdiction under section 3(1) through 3(3) of this chapter has special jurisdiction to do any of the following: (1) Appoint a temporary guardian in an emergency as permitted by IC 29-3-3-4 for a term not exceeding ninety (90) days for a respondent who is physically present […]
29-3.5-2-5. Duration of the Jurisdiction of a Court That Appoints a Guardian or Issues a Protective Order
Sec. 5. Except as otherwise provided in section 4 of this chapter, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. As added […]
29-3.5-2-6. Courts Authorized to Decline Exercising Jurisdiction Upon Determining That the Courts of Another State Are the More Appropriate Forum
Sec. 6. (a) A court of this state having jurisdiction under section 3 of this chapter to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state […]
29-3.5-2-7. Authorized Responses to a Determination That Jurisdiction Has Been Acquired Because of Unjustifiable Conduct
Sec. 7. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, […]
29-3.5-2-8. Notice Requirements When Another State Is the Respondent’s Home State
Sec. 8. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be […]
29-3.5-2-9. Rules Concerning Proceedings Filed in Two States
Sec. 9. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 4(a)(1) or 4(a)(2) of this chapter, if a petition for the appointment of a guardian or issuance of a protective order is filed in this […]
29-3.5-3-1. Transfer of Guardianship to Another State
Sec. 1. (a) A guardian appointed in this state may petition the court to transfer the guardianship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian. (c) On the […]
29-3.5-3-2. Acceptance of a Guardianship Transferred to Indiana
Sec. 2. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 1 of this chapter, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state’s provisional order of […]
29-3.5-4-1. Registration of Out-of-State Guardianships
Sec. 1. If: (1) a guardian has been appointed in another state; (2) a petition for the appointment of a guardian is not pending in this state; and (3) the guardian appointed in the other state gives notice to the appointing court of an intent to register the guardianship order; the guardian appointed in the […]