§ 29-3-2-2 — Venue for appointment of guardian; stay of proceedings; transfer of proceedings

Indiana § 29-3-2-2

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 2: General Provisions

Text

(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.
(3) If the alleged incapacitated person is an adult (as defined in IC 29-3.5-1-2(1)), venue is determined under the laws of the state or
country having jurisdiction under IC 29-3.5-2. However, if a court
in Indiana has jurisdiction under IC 29-3.5-2, the rules for
determining venue set forth in this section apply.
(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.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.62; P.L.178-2011, SEC.2.