Indiana § 29-3.5-2-6 Courts authorized to decline exercising jurisdiction upon determining
that the courts of another state are the more appropriate forum

Indiana Statutes

§ 29-3.5-2-6 — Courts authorized to decline exercising jurisdiction upon determining that the courts of another state are the more appropriate forum

Indiana § 29-3.5-2-6

Art. 3.5UNIFORM ADULT GUARDIANSHIP AND

Ch. 2Jurisdiction

This text of Indiana § 29-3.5-2-6 (Courts authorized to decline exercising jurisdiction upon determining that the courts of another state are the more appropriate forum) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 29-3.5-2-6 (2026).

Text

(a)A court of this state having jurisdiction under section 3 of this chapter to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(b)If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

(c)In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(1)any expressed preference of the respondent;

(2)whether abuse, neglect, o

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(a) A court of this state having jurisdiction
under section 3 of this chapter to appoint a guardian or issue a
protective order may decline to exercise its jurisdiction if it determines
at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under
subsection (a), it shall either dismiss or stay the proceeding. The court
may impose any condition the court considers just and proper,
including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall
consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect, or exploitation of the respondent has
occurred or is likely to occur, and which state could best protect
the respondent from the abuse, neglect, or exploitation;
(3) the length of time the respondent was physically present in or
was a legal resident of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue
expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and
issues in the proceeding; and
(9) if an appointment were made, the court's ability to monitor the
conduct of the guardian.