§ 29-3.5-2-3 — Jurisdiction of Indiana courts; criteria

Indiana § 29-3.5-2-3

• Jurisdiction: Indiana
• Art. 3.5: UNIFORM ADULT GUARDIANSHIP AND
• Ch. 2: Jurisdiction

Text

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 or a court of the
respondent's home state has declined to exercise jurisdiction
because this state is a more appropriate forum; or
(B) the respondent has a home state, a petition for an
appointment or order is not pending in a court of that state or
another significant connection state, and, before the court
makes the appointment or issues the order:
(i) a petition for an appointment or order is not filed in the
respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a
person required to be notified of the proceeding; and
(iii) the court in this state concludes that it is an appropriate
forum under the factors set forth in section 6 of this chapter;
(3) this state does not have jurisdiction under either subdivision
(1) or (2), the respondent's home state and all significant
connection states have declined to exercise jurisdiction because
this state is the more appropriate forum, and jurisdiction in this
state is consistent with the constitutions of this state and the
United States; or
(4) the requirements for special jurisdiction under section 4 of this
chapter are met.

Legislative History

As added by P.L.178-2011, SEC.10.