Indiana § 29-3-2-1 Application of article; jurisdiction of courts

Indiana Statutes

§ 29-3-2-1 — Application of article; jurisdiction of courts

Indiana·Art. 3 GUARDIANSHIPS AND PROTECTIVE·Ch. 2 General Provisions

(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 with respect to an individual who is not an adult (as defined in IC 29-3.5-1-2(1)) over all matters concerning the following:

(1)Guardians.

(2)Protective proceedings under IC 29-3-4. In the case of an adult (as defined in IC 29-3.5-1-2(1)), a court must establish

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(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 with respect to an individual who is not
an adult (as defined in IC 29-3.5-1-2(1)) over all matters concerning
the following:
(1) Guardians.
(2) Protective proceedings under IC 29-3-4.
In the case of an adult (as defined in IC 29-3.5-1-2(1)), a court must
establish jurisdiction concerning a guardianship or a protective
proceeding in accordance with IC 29-3.5-2.
(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(a)(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.

Indiana § 29-3-2-1 (Application of article; jurisdiction of courts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

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; P.L.178-2011, SEC.1; P.L.115-2023, SEC.3.