CHAPTER 2. GENERAL PROVISIONS
IC 29-3-2
Chapter 2. General Provisions
IC 29-3-2-1
Application of article; jurisdiction of courts
Sec. 1. (a) This article applies to the following:
(1) The business affairs, physical person, and property of everyincapacitated person and minor residing in Indiana.
(2) Property located in Indiana of every incapacitated personand minor residing outside Indiana.
(3) Property of every incapacitated person or minor, regardlessof where the property is located, coming into the control of afiduciary who is subject to the laws of Indiana.
(b) Except as provided in subsections (c) through (e), the courthas exclusive original jurisdiction over all matters concerning thefollowing:
(1) Guardians.
(2) Protective proceedings under IC 29-3-4.
(c) A juvenile court has exclusive original jurisdiction overmatters relating to the following:
(1) Minors described in IC 31-30-1-1.
(2) Matters related to guardians of the person and guardianshipsof the person described in IC 31-30-1-1(10).
(d) Except as provided in subsection (c), courts with child custodyjurisdiction under:
(1) IC 31-14-10;
(2) IC 31-17-2-1; or
(3) IC 31-21-5 (or IC 31-17-3-3 before its repeal);
have original and continuing jurisdiction over custody mattersrelating to minors.
(e) A mental health division of a superior court under IC 33-33-49has jurisdiction concurrent with the court in mental healthproceedings under IC 12-26 relating to guardianship and protectiveorders.
(f) Jurisdiction under this section is not dependent on issuance orservice of summons.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.61; P.L.1-1990, SEC.275; P.L.2-1992, SEC.792; P.L.16-1995,SEC.5; P.L.1-1997, SEC.118; P.L.217-2001, SEC.1; P.L.98-2004,SEC.100; P.L.138-2007, SEC.4.
IC 29-3-2-2
Venue for appointment of guardian; stay of proceedings; transferof proceedings
Sec. 2. (a) The venue for the appointment of a guardian or forprotective proceedings is as follows:
(1) If the alleged incapacitated person or minor resides inIndiana, venue is:
(A) in the county where the alleged incapacitated person orminor resides; or (B) if the proceeding is for the appointment of a temporaryguardian of the person for an alleged incapacitated person orminor who is in need of medical care, in the county where afacility is located that is providing or attempting to providemedical care to the alleged incapacitated person or minor.
(2) If the alleged incapacitated person or minor does not residein Indiana, then venue is in any county where any property ofthe alleged incapacitated person or minor is located. However,if the proceeding is for the appointment of a temporary guardianof the person for an alleged incapacitated person or minor whois in need of medical care, venue is in the county where thefacility providing or attempting to provide medical care islocated.
(b) If proceedings are commenced in more than one (1) county,they shall be stayed except in the county where first commenceduntil final determination of the proper venue by the court in thecounty where first commenced. After proper venue has beendetermined, all proceedings in any county other than the countywhere jurisdiction has been finally determined to exist shall bedismissed. If the proper venue is finally determined to be in anothercounty, the court shall transmit the original file to the proper county.The proceedings shall be commenced by the filing of a petition withthe court, and the proceeding first commenced extends to all of theproperty of the minor or the incapacitated person unless otherwiseordered by the court.
(c) If it appears to the court at any time that:
(1) the proceeding was commenced in the wrong county;
(2) the residence of the incapacitated person or the minor hasbeen changed to another county;
(3) the proper venue is determined to be otherwise under theIndiana Rules of Trial Procedure; or
(4) it would be in the best interest of the incapacitated person orthe minor and the property of the minor or the incapacitatedperson;
the court may order the proceeding, together with all papers, files,and a certified copy of all orders, transferred to another court inIndiana. That court shall complete the proceeding as if originallycommenced in that court. The court may in like manner transfer aguardianship or protective proceeding in Indiana to a court outsideIndiana if the other court assumes jurisdiction to complete theproceeding as if originally commenced in that court. Before anytransfer is made under this subsection, a hearing pursuant to noticeshall be held in the same manner as provided with respect to theappointment of a guardian.
(d) Where a guardian has been appointed by a court that does nothave probate jurisdiction, the matter shall be transferred inaccordance with the proper venue to a court having probatejurisdiction for qualification of the guardian and for furtherproceedings in the guardianship.
(e) Nothing in this section shall be construed as a requirement of
jurisdiction.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.62.
IC 29-3-2-3
Guardian ad litem; appointment
Sec. 3. (a) Unless waived under subsection (b) or if section 4 ofthis chapter does not apply, the court shall appoint a guardian adlitem to represent the interests of the alleged incapacitated person orminor if the court determines that the alleged incapacitated person orminor is not represented or is not adequately represented by counsel.If not precluded by a conflict of interest, a guardian ad litem may beappointed to represent several persons or interests. The court as partof the record of the proceeding shall set out its reasons for appointinga guardian ad litem.
(b) If a minor has or is entitled to property for the preservation ofwhich the appointment of a guardian is necessary, and the courtmakes written findings that:
(1) the proposed guardian is capable of representing andmanaging the minor's property;
(2) no other petition for the appointment of a guardian has beenfiled; and
(3) the petition for the appointment of the proposed guardian isuncontested;
the court may waive the appointment of a guardian ad litem for theminor.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.63; P.L.154-1990, SEC.12; P.L.118-1997, SEC.25.
IC 29-3-2-4
Discretion of court; binding orders
Sec. 4. (a) All findings, orders, or other proceedings under thisarticle shall be in the discretion of the court unless otherwiseprovided in this article.
(b) If there is not a conflict of interest between a guardian of anestate and the protected person or among persons represented, ordersbinding a guardian of an estate bind the protected person.
(c) Orders binding a guardian of the person bind the ward if aguardian of the ward's estate has not been appointed.
As added by P.L.169-1988, SEC.1. Amended by P.L.118-1997,SEC.26; P.L.252-2001, SEC.25.
IC 29-3-2-5
Residence; determination
Sec. 5. The residence of a person shall be determined by actualpresence rather than technical domicile.
As added by P.L.169-1988, SEC.1.
IC 29-3-2-6
Application of decedents' estates law to guardianships and
protected persons
Sec. 6. (a) The applicable rules regarding decedents' estates inIC 29-1-7 through IC 29-1-17 apply to guardianships and protectiveproceedings under IC 29-3-4 when consistent with this article andIC 29-1-19.
(b) IC 29-1-1-6 through IC 29-1-1-7, IC 29-1-1-9 throughIC 29-1-1-10, IC 29-1-1-12 through IC 29-1-1-14, IC 29-1-1-16through IC 29-1-1-18, and IC 29-1-1-20 through IC 29-1-1-24 applyto guardianships under this article and IC 29-1-19.
(c) This article extends to persons specifically provided for underIC 29-1-19. The provisions of this article are cumulative to theprovisions of IC 29-1-19. A conflict arising between this article andIC 29-1-19 is resolved by giving effect to the law stated inIC 29-1-19 in cases to which it applies.
(d) The provisions of IC 29-1-15 concerning the sale of decedents'property apply to the sale of protected persons' property.
(e) The provisions of IC 29-1-16 concerning accounting indecedents' estates apply to accounting in protected persons' estatesthat are consistent with this article.
(f) The provisions of IC 29-1-14-2, IC 29-1-14-10, IC 29-1-14-11,IC 29-1-14-12, IC 29-1-14-13, and IC 29-1-14-17 concerning claimsagainst decedents' estates apply to claims against protected persons'estates.
As added by P.L.264-1989, SEC.3.