Indiana § 29-3.5-3-2 Acceptance of a guardianship transferred to Indiana

Indiana Statutes

§ 29-3.5-3-2 — Acceptance of a guardianship transferred to Indiana

Indiana § 29-3.5-3-2

Art. 3.5UNIFORM ADULT GUARDIANSHIP AND

Ch. 3Transfer of Guardianship or Conservatorship

This text of Indiana § 29-3.5-3-2 (Acceptance of a guardianship transferred to Indiana) 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 § 29-3.5-3-2 (2026).

Text

(a)To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 1 of this chapter, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.

(b)Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.

(c)On the court's own motion or on request of the guardian or conservator, the incapacitated or pro

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(a) To confirm transfer of a guardianship or
conservatorship transferred to this state under provisions similar to
section 1 of this chapter, the guardian or conservator must petition the
court in this state to accept the guardianship or conservatorship. The
petition must include a certified copy of the other state's provisional
order of transfer.
(b) Notice of a petition under subsection (a) must be given to those
persons that would be entitled to notice if the petition were a petition
for the appointment of a guardian or issuance of a protective order in
both the transferring state and this state. The notice must be given in
the same manner as notice is required to be given in this state.
(c) On the court's own motion or on request of the guardian or
conservator, the incapacitated or protected person, or other person
required to be notified of the proceeding, the court shall hold a hearing
on a petition filed under subsection (a).
(d) The court shall issue an order provisionally granting a petition
filed under subsection (a) unless:
(1) an objection is made and the objector establishes that transfer
of the proceeding would be contrary to the interests of the
incapacitated or protected person; or
(2) the guardian or conservator is ineligible for appointment in
this state.
(e) The court shall issue a final order accepting the proceeding and
appointing the guardian or conservator as guardian or conservator in
this state upon its receipt from the court from which the proceeding is
being transferred of a final order issued under provisions similar to
section 1 of this chapter transferring the proceeding to this state.
(f) Not later than ninety (90) days after issuance of a final order
accepting transfer of a guardianship or conservatorship, the court shall
determine whether the guardianship or conservatorship needs to be
modified to conform to the law of this state.
(g) In granting a petition under this section, the court shall recognize
a guardianship or conservatorship order from the other state, including
the determination of the incapacitated or protected person's incapacity
and the appointment of the guardian or conservator.
(h) The denial by a court of this state of a petition to accept a
guardianship or conservatorship transferred from another state does not
affect the ability of the guardian or conservator to seek appointment as
guardian in this state under IC 29-3 if the court has jurisdiction to make
an appointment other than by reason of the provisional order of
transfer.