§ 29-3.5-2-7 — Authorized responses to a determination that jurisdiction has been acquired because of unjustifiable conduct

Indiana § 29-3.5-2-7

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

Text

(a) If at any time a court of this state
determines that it acquired jurisdiction to appoint a guardian or issue
a protective order because of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an
appropriate remedy to ensure the health, safety, and welfare of the
respondent or the protection of the respondent's property or
prevent a repetition of the unjustifiable conduct, including staying
the proceeding until a petition for the appointment of a guardian
or issuance of a protective order is filed in a court of another state
having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(A) the extent to which the respondent and all persons required
to be notified of the proceedings have acquiesced in the
exercise of the court's jurisdiction;
(B) whether it is a more appropriate forum than the court of any
other state under the factors set forth in section 6(c) of this
chapter; and
(C) whether the court of any other state would have jurisdiction
under factual circumstances in substantial conformity with the
jurisdictional standards of section 3 of this chapter.
(b) If a court of this state determines that it acquired jurisdiction to
appoint a guardian or issue a protective order because a party seeking
to invoke its jurisdiction engaged in unjustifiable conduct, it may
assess against that party necessary and reasonable expenses, including
attorney's fees, investigative fees, court costs, communication
expenses, witness fees and expenses, and travel expenses. The court
may not assess fees, costs, or expenses of any kind against this state or
a governmental subdivision, agency, or instrumentality of this state
unless authorized by law other than this chapter.

Legislative History

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