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 every
incapacitated person and minor residing in Indiana.
(2) Property located in Indiana of every incapacitated person
and minor residing outside Indiana.
(3) Property of every incapacitated person or minor, regardless
of where the property is located, coming into the control of a
fiduciary who is subject to the laws of Indiana.
(b) Except as provided in subsections (c) through (e), the court
has exclusive original jurisdiction over all matters concerning the
following:
(1) Guardians.
(2) Protective proceedings under IC 29-3-4.
(c) A juvenile court has exclusive original jurisdiction over
matters relating to the following:
(1) Minors described in IC 31-30-1-1.
(2) Matters related to guardians of the person and guardianships
of the person described in IC 31-30-1-1(10).
(d) Except as provided in subsection (c), courts with child custody
jurisdiction 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 matters
relating to minors.
(e) A mental health division of a superior court under IC 33-33-49
has jurisdiction concurrent with the court in mental health
proceedings under IC 12-26 relating to guardianship and protective
orders.
(f) Jurisdiction under this section is not dependent on issuance or
service 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; transfer
of proceedings
Sec. 2. (a) The venue for the appointment of a guardian or for
protective proceedings is as follows:
(1) If the alleged incapacitated person or minor resides in
Indiana, venue is:
(A) in the county where the alleged incapacitated person or
minor resides; or
(B) if the proceeding is for the appointment of a temporary
guardian of the person for an alleged incapacitated person or
minor who is in need of medical care, in the county where a
facility is located that is providing or attempting to provide
medical care to the alleged incapacitated person or minor.
(2) If the alleged incapacitated person or minor does not reside
in Indiana, then venue is in any county where any property of
the alleged incapacitated person or minor is located. However,
if the proceeding is for the appointment of a temporary guardian
of the person for an alleged incapacitated person or minor who
is in need of medical care, venue is in the county where the
facility providing or attempting to provide medical care is
located.
(b) If proceedings are commenced in more than one (1) county,
they shall be stayed except in the county where first commenced
until final determination of the proper venue by the court in the
county where first commenced. After proper venue has been
determined, all proceedings in any county other than the county
where jurisdiction has been finally determined to exist shall be
dismissed. If the proper venue is finally determined to be in another
county, the court shall transmit the original file to the proper county.
The proceedings shall be commenced by the filing of a petition with
the court, and the proceeding first commenced extends to all of the
property of the minor or the incapacitated person unless otherwise
ordered 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 has
been changed to another county;
(3) the proper venue is determined to be otherwise under the
Indiana Rules of Trial Procedure; or
(4) it would be in the best interest of the incapacitated person or
the minor and the property of the minor or the incapacitated
person;
the court may order the proceeding, together with all papers, files,
and a certified copy of all orders, transferred to another court in
Indiana. That court shall complete the proceeding as if originally
commenced in that court. The court may in like manner transfer a
guardianship or protective proceeding in Indiana to a court outside
Indiana if the other court assumes jurisdiction to complete the
proceeding as if originally commenced in that court. Before any
transfer is made under this subsection, a hearing pursuant to notice
shall be held in the same manner as provided with respect to the
appointment of a guardian.
(d) Where a guardian has been appointed by a court that does not
have probate jurisdiction, the matter shall be transferred in
accordance with the proper venue to a court having probate
jurisdiction for qualification of the guardian and for further
proceedings 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 of
this chapter does not apply, the court shall appoint a guardian ad
litem to represent the interests of the alleged incapacitated person or
minor if the court determines that the alleged incapacitated person or
minor is not represented or is not adequately represented by counsel.
If not precluded by a conflict of interest, a guardian ad litem may be
appointed to represent several persons or interests. The court as part
of the record of the proceeding shall set out its reasons for appointing
a guardian ad litem.
(b) If a minor has or is entitled to property for the preservation of
which the appointment of a guardian is necessary, and the court
makes written findings that:
(1) the proposed guardian is capable of representing and
managing the minor's property;
(2) no other petition for the appointment of a guardian has been
filed; and
(3) the petition for the appointment of the proposed guardian is
uncontested;
the court may waive the appointment of a guardian ad litem for the
minor.
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 this
article shall be in the discretion of the court unless otherwise
provided in this article.
(b) If there is not a conflict of interest between a guardian of an
estate and the protected person or among persons represented, orders
binding a guardian of an estate bind the protected person.
(c) Orders binding a guardian of the person bind the ward if a
guardian 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 actual
presence 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 in
IC 29-1-7 through IC 29-1-17 apply to guardianships and protective
proceedings under IC 29-3-4 when consistent with this article and
IC 29-1-19.
(b) IC 29-1-1-6 through IC 29-1-1-7, IC 29-1-1-9 through
IC 29-1-1-10, IC 29-1-1-12 through IC 29-1-1-14, IC 29-1-1-16
through IC 29-1-1-18, and IC 29-1-1-20 through IC 29-1-1-24 apply
to guardianships under this article and IC 29-1-19.
(c) This article extends to persons specifically provided for under
IC 29-1-19. The provisions of this article are cumulative to the
provisions of IC 29-1-19. A conflict arising between this article and
IC 29-1-19 is resolved by giving effect to the law stated in
IC 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 in
decedents' estates apply to accounting in protected persons' estates
that 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 claims
against decedents' estates apply to claims against protected persons'
estates.
As added by P.L.264-1989, SEC.3.