reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 10. Claims Against Protected Persons › 29-3-10-1. Payment of Debts Incurred on Behalf of Protected Person; Payment of Claims; Actions Against Guardian; Filing of Claims

Sec. 1. (a) Without prior order of the court, a guardian shall pay from the guardianship property all indebtedness that the guardian has reasonably incurred in good faith on behalf of the protected person.
(b) Upon order of the court, a guardian shall pay from the protected person's property for which the guardian is responsible any claim against the protected person or the protected person's property, that the court determines has merit.
(c) Claims based on:
(1) contracts entered into by a guardian in the guardian's official capacity;
(2) obligations arising from ownership or control of the property for which the guardian is responsible; or
(3) acts or omissions in the course of administration of the guardianship;
may be asserted against the guardianship by proceeding against the guardian in the guardian's official capacity, whether or not the guardian is personally liable.
(d) Any person having a claim against the protected person or the protected person's property or against the guardian as such may file the claim with the court at any time before the claim is barred by the statute of limitations and, upon proof of the claim, procure an order for its allowance and payment from the guardianship property. However, if a claim is filed within sixty (60) days before the date that a protected person attains the age of majority or regains capacity:
(1) the claim shall be stayed until the sixty (60) day period has elapsed;
(2) the protected person shall be substituted as a party; and
(3) the guardian shall prepare and file the guardian's account without regard to the claim.
As added by P.L.169-1988, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders › 29-3-11-1. Protection for Persons Dealing in Good Faith With Guardian or Person Acting Under Protective Order; Scope of Protection

Sec. 1. (a) A person who in good faith deals with a guardian or person acting under a protective order is:
(1) protected as if the guardian or person acting under a protective order properly exercised the power; and
(2) not required to inquire into the existence of the power or the propriety of its exercise except as to restrictions endorsed on the letters.
(b) A person who deals with a guardian or person acting under a protective order in good faith is not bound to see to the proper application of amounts paid or property delivered to the guardian or person.
(c) The protection expressed in this section:
(1) extends to any procedural irregularity or jurisdictional defect occurring in proceedings under this article; and
(2) is not a substitution for but is in addition to any other applicable law, including the laws relating to commercial transactions and to simplifying transfers of securities by fiduciaries.
As added by P.L.169-1988, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders › 29-3-11-2. Contracts Entered Into in Good Faith; Personal Liability of Guardian; Liability for Acts or Omissions; Proceeding to Determine Liability

Sec. 2. (a) Unless otherwise provided in the contract, a guardian or person acting under a protective order is not personally liable on a contract entered into in good faith under the order, unless that person fails to reveal that person's representative capacity and identify that person's capacity in the contract.
(b) Subject to subsection (a), a guardian or person acting under a protective order is not personally liable to the protected person or others for any act or omission in good faith or for any act or omission of the protected person or others acting on behalf of the protected person.
(c) The guardian or person acting under a protective order is personally liable to the protected person for acts or omissions in the course of the administration of the trust of the guardian or person acting under a protective order only for a breach of duty to the protected person.
(d) Any question of liability of the guardian or person acting under a protective order personally to the protected person may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.
As added by P.L.169-1988, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders › 29-3-11-3. Actions Between Third Party and Protected Person; Service of Process; Suits Against Guardian or Person Acting Under Protective Order; Substitution of Parties

Sec. 3. (a) If a guardian has been appointed, all actions between third persons and the protected person seeking to charge or benefit the protected person or the protected person's property shall be prosecuted by or against the guardian or person acting under a protective order to represent the interests of the protected person in the action. All process relating to that action shall be served on the guardian.
(b) In the case of a claim against the guardian or person acting under a protective order personally, the guardian or person acting under the protective order may be sued both as guardian or person acting under the protective order and in the personal capacity of the guardian or person acting under the protective order in the same action.
(c) If an action was commenced by or against the protected person before the appointment of a guardian for the protected person, the guardian upon appointment shall be substituted as a party for the protected person. If the appointment of the guardian is terminated, the guardian's successor shall be substituted as a party to the action. If the protected person dies, the protected person's personal representative shall be substituted. If the protected person is no longer a minor or incapacitated person, the protected person shall be substituted.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.79.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders › 29-3-11-4. Civil Immunity of a Guardian

Sec. 4. Except as provided in section 2 of this chapter and except for gross misconduct, a guardian appointed under this article is immune from any civil liability resulting from the guardian's performance.
As added by P.L.41-2004, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 12. Termination of Guardianships and Protective Orders › 29-3-12-2. Mandatory Termination of Protective Order

Sec. 2. The court shall terminate a protective order if:
(1) the protective order has expired by its terms; or
(2) the protective order is no longer necessary for any other reason.
As added by P.L.169-1988, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 12. Termination of Guardianships and Protective Orders › 29-3-12-3. Minimum Period to Maintain Incapacitated Person Status; Petition to Terminate Guardianship or Protective Order; Penalty

Sec. 3. An order adjudicating a person as an incapacitated person may specify a minimum period, not exceeding one (1) year, during which a petition for an adjudication that the protected person is no longer an incapacitated person may not be filed without court approval. Subject to that restriction, the protected person or any other person may petition for an order that the protected person is no longer an incapacitated person and for termination of the guardianship or protective order. A request for an order may also be made informally to the court. Any person who knowingly interferes with transmission of the request is guilty of contempt of court.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.80.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 12. Termination of Guardianships and Protective Orders › 29-3-12-4. Removal, Resignation, or Death of Guardian; Final Accounting; Appointment of Successor; Effect of Removal on Validity of Guardian's Acts

Sec. 4. (a) The court may remove a guardian on its own motion or on petition of the protected person or any person interested in the guardianship, after notice and hearing, on the same grounds and in the same manner as is provided under IC 29-1-10-6 for the removal of a personal representative. The court may accept the resignation of a guardian. Upon the death of the guardian, the guardian's personal representative shall submit a final account of guardianship to the court in accordance with IC 29-3-9-6. Upon the resignation or removal of the guardian, the guardian shall give a final accounting to the court.
(b) If the appointment of a successor guardian is required, the court shall appoint a qualified successor guardian to succeed to the title, powers, and duties of the predecessor guardian unless otherwise ordered by the court.
(c) The removal or resignation of a guardian after letters are duly issued to the guardian does not by itself invalidate the guardian's acts and omissions prior to removal. A final order under IC 29-3-9-6 protects the successor guardian and the successor guardian's surety to the same extent that it protects the successor guardian's predecessor and surety.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.13.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 12. Termination of Guardianships and Protective Orders › 29-3-12-5. Termination of Authority and Responsibility of Guardian; Effect on Liability of Guardian; Court Approval

Sec. 5. (a) The authority and responsibility of a guardian terminate:
(1) at the time that the court designates;
(2) upon the death, resignation, or removal of the guardian; or
(3) upon the termination of the guardianship, subject to section 1(e) and 1(f) of this chapter.
(b) The termination for any reason of the authority and responsibility of the guardian does not affect the liability of the guardian for prior acts or the obligation to account for the guardian's conduct of the guardian's trust.
(c) The resignation of a guardian does not terminate the appointment of the guardian until the guardian's resignation and final account have been approved by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.240-2017, SEC.3; P.L.38-2023, SEC.15.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 12. Termination of Guardianships and Protective Orders › 29-3-12-6. Guardianship Extends Beyond Age 18 if Minor Is Incapacitated or Receives Certain Dcs Assistance

Sec. 6. (a) If a protected person:
(1) is a minor; and
(2) has been adjudicated an incapacitated person;
the court may not terminate the guardianship of the protected person when the protected person attains eighteen (18) years of age.
(b) If a protected person is:
(1) a minor; and
(2) a recipient or beneficiary of financial assistance provided by the department of child services through a guardianship described in IC 31-9-2-17.8(1)(E);
the court may not terminate the guardianship of the protected person when the protected person attains eighteen (18) years of age.
As added by P.L.115-2012, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 12. Termination of Guardianships and Protective Orders › 29-3-12-7. Petition to Extend Guardianship Past Age 18

Sec. 7. (a) This section applies to the guardianship of a minor who has not been adjudicated an incapacitated person.
(b) A protected person who is at least seventeen (17) years of age and the guardian of the protected person may jointly petition the court to extend the duration of the guardianship beyond the date on which the protected person attains eighteen (18) years of age to the earlier of the following:
(1) A termination date, if any, set forth in the petition.
(2) The date the protected person attains twenty-two (22) years of age.
(c) A petition submitted under subsection (b) must be verified.
(d) The court, after notice and hearing, may extend a guardianship under this section if the court finds that extending the guardianship is in the best interests of the protected person. The extension of a guardianship under this section does not place the protected person under a legal disability.
As added by P.L.115-2012, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 13. Foreign Guardians › 29-3-13-1. Payment of Debt or Delivery of Property to Foreign Guardian

Sec. 1. (a) Any person indebted to an incapacitated person or minor, or having possession of property belonging to a minor or incapacitated person, may pay the debt or deliver the property to a foreign guardian appointed by a court of the state in which the incapacitated person or minor resides upon being presented with proof of the foreign guardian's appointment and an affidavit made by the foreign guardian stating the following:
(1) That the foreign guardian does not know of any other guardianship proceeding, relating to the incapacitated person or minor, pending in Indiana.
(2) That the letters of the foreign guardian were duly issued.
(3) In the case of an incapacitated person who is an adult (as defined in IC 29-3.5-1-2(1)), that the foreign guardian does not know of a court in a jurisdiction other than Indiana that has exercised jurisdiction regarding the incapacitated person under a law similar to IC 29-3.5-2.
(4) That the foreign guardian is entitled to receive the payment or delivery.
(b) If the person to whom the affidavit is presented does not know of any other guardianship proceeding pending in Indiana, payment or delivery in response to the demand and affidavit discharges the debtor or possessor from any further liability.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.81; P.L.178-2011, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 13. Foreign Guardians › 29-3-13-2. Filings Concerning a Foreign Guardianship of the Property of a Minor; Registration of the Letters of Office of a Foreign Guardian for an Adult

Sec. 2. (a) This subsection applies to a guardianship of the property of a minor. If no guardian has been appointed, and no petition in a guardianship proceeding is pending in Indiana, a guardian appointed by a court of another state in which the minor is domiciled may file, with an Indiana court in a county in which property belonging to the minor is located, an authenticated copy of the guardian's appointment and a bond that meets the requirements of IC 29-3-7-1 with respect to that part of the property of the minor that is located in that county. After filing the copy and bond, the foreign guardian may exercise as to the property of the minor in that county in Indiana all powers of a guardian in Indiana and may maintain actions and proceedings in Indiana.
(b) In the case of an incapacitated person who is an adult (as defined in IC 29-3.5-1-2(1)), a foreign guardian for that adult may register certified copies of the guardian's letters of office and order of appointment under IC 29-3.5-4.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.82; P.L.178-2011, SEC.8.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 13. Foreign Guardians › 29-3-13-3. Acts by Which Foreign Guardian Submits to Personal Jurisdiction

Sec. 3. A foreign guardian submits personally to the jurisdiction of Indiana courts in any proceeding relating to the property for which the guardian is responsible by:
(1) complying with section 2 of this chapter;
(2) receiving payment of money or taking delivery of property belonging to a minor in Indiana; or
(3) doing any act as a guardian in Indiana that would give Indiana jurisdiction over the guardian as an individual.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.83; P.L.178-2011, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-1. "Supported Decision Making"

Sec. 1. As used in this chapter, "supported decision making" refers to the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-2. "Supported Decision Making Agreement"

Sec. 2. As used in this chapter, "supported decision making agreement" means a document that outlines the decision making supports and accommodations the adult chooses to receive from one (1) or more supporters.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-3. "Supporter"

Sec. 3. As used in this chapter, "supporter" means a person at least eighteen (18) years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult's supported decision making agreement.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-4. Supported Decision Making Agreements; Execution and Revocation

Sec. 4. (a) An adult may not enter into a supported decision making agreement unless the adult:
(1) enters into the agreement voluntarily and without coercion or undue influence; and
(2) understands the nature and effect of the agreement.
(b) An adult may make, change, or revoke a supported decision making agreement even if the adult does not have the capacity to independently manage the adult's own health care, legal matters, or financial affairs.
(c) A court may not consider an adult's execution of a supported decision making agreement as evidence of incapacity. The existence of an executed supported decision making agreement does not preclude the adult from acting independently of the supported decision making agreement.
(d) An adult may not enter into a supported decision making agreement under this section if the agreement supplants the authority of a guardian of the adult, unless the guardian consents in writing to the adult entering into the supported decision making agreement.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-5. Supporter Responsibilities; Prohibited Acts

Sec. 5. (a) A supporter must:
(1) support the will and preference of the adult, and not the supporter's opinion of the adult's best interests;
(2) act honestly, diligently, and in good faith;
(3) act within the scope set forth in the adult's supported decision making agreement;
(4) avoid conflicts of interest; and
(5) notify the adult in writing of the supporter's intent to resign as a supporter.
(b) The relationship between an adult and a supporter is one of trust and confidence, and serves to preserve the decision making authority of the adult.
(c) A supporter is prohibited from:
(1) exerting undue influence upon the adult;
(2) receiving a fee for service related solely to services performed in the role of supporter;
(3) obtaining, without the consent of the adult, information acquired for a purpose other than assisting the adult in making a specific decision authorized by the supported decision making agreement;
(4) acting outside the scope of authority provided in the supported decision making agreement; or
(5) obtaining, without the consent of the adult, nonpublic personal information as defined in 15 U.S.C. 6809(4)(A).
(d) A supporter who is expressly given relevant authority in a power of attorney may act within the scope of that authority to sign instructions or other documents on behalf of the adult, in order to communicate or implement decisions by the adult.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-6. Communication of a Request or Decision

Sec. 6. A request or decision made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized as the request or decision of the adult for the purposes of any provision of law.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-7. Supported Decision Making Agreements; Requirements

Sec. 7. (a) A supported decision making agreement must:
(1) name at least one (1) supporter;
(2) describe the decision making assistance that each supporter may provide to the adult and how supporters may work together; and
(3) if appropriate, be executed by the adult's guardian.
(b) A supported decision making agreement may:
(1) appoint more than one (1) supporter;
(2) appoint an alternate to act in the place of a supporter under circumstances specified in the agreement; or
(3) authorize a supporter to share information with any other supporter or others named in the agreement.
(c) A supported decision making agreement must be:
(1) in writing;
(2) dated; and
(3) signed by the adult in the presence of a notary.
(d) A supported decision making agreement must contain a separate consent signed by each supporter named in the agreement indicating the supporter's:
(1) relationship to the adult;
(2) willingness to act as a supporter; and
(3) acknowledgment of the duties of a supporter.
(e) An adult who meets the requirements to enter into a supported decision making agreement under section 4 of this chapter may sign a supported decision making agreement in any manner, including electronic signature, permitted under IC 30-5-4-1(b) or IC 30-5-11-4(a).
As added by P.L.68-2019, SEC.4. Amended by P.L.185-2021, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-8. Revocation of Supported Decision Making Agreements

Sec. 8. An adult may revoke a supported decision making agreement at any time. A revocation under this section must be in writing, and a copy of the revocation must be provided to each supporter.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-9. Termination of Supported Decision Making Agreements

Sec. 9. (a) Except as provided in the supported decision making agreement, a supported decision making agreement terminates in the following situations:
(1) The adult subject of the supported decision making agreement dies.
(2) The adult subject of the supported decision making agreement revokes the agreement under section 8 of this chapter.
(3) The named supporters withdraw their participation without naming successor supporters.
(4) A court of competent jurisdiction determines that the adult does not have capacity to execute or consent to a supported decision making agreement.
(5) A court of competent jurisdiction determines that a supporter has used the supported decision making agreement to commit:
(A) financial exploitation;
(B) abuse; or
(C) neglect;
of the adult.
(6) A court of competent jurisdiction appoints a temporary or permanent guardian for the person or property of the adult, unless the court's order of appointment:
(A) expressly modifies but continues the supported decision making agreement; and
(B) limits the powers and duties of the guardian.
(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision making agreement.
(b) The court may enter an order under subsection (a)(4), (a)(5), and (a)(6) only after notice and a hearing to the adult and all supporters named in the agreement.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-10. Presumption of Validity

Sec. 10. A supported decision making agreement that complies with section 7 of this chapter is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision making agreement was not validly executed.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-11. Immunity; Exception

Sec. 11. (a) Except as provided in subsection (c), a person who, in good faith, relies on an authorization in a supported decision making agreement or who, in good faith, declines to honor an authorization in a supported decision making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct.
(b) Except as provided in subsection (c), a supporter who performs supported decision making in good faith as specified in a supported decision making agreement is immune from civil or criminal liability resulting from the adult's decision.
(c) This section does not apply to a person whose act or omission amounts to fraud, misrepresentation, recklessness, or willful or wanton misconduct.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-12. Meaning and Effect of Supported Decision Making Agreement

Sec. 12. The meaning and effect of a supported decision making agreement is determined by the law of the jurisdiction in which the supported decision making agreement was executed, unless the supported decision making agreement provides otherwise.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 14. Supported Decision Making › 29-3-14-13. Reporting of Abuse or Neglect

Sec. 13. A person who:
(1) receives a copy of a supported decision making agreement; or
(2) is aware of the existence of a supported decision making agreement;
and reasonably believes that an adult is being abused, neglected, or exploited must report the alleged abuse, neglect, or exploitation to adult protective services or another authorized law enforcement agency.
As added by P.L.68-2019, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 1. General Provisions › 29-3.5-1-2. Definitions

Sec. 2. The following definitions apply throughout this article:
(1) "Adult" means either of the following:
(A) An individual who has attained eighteen (18) years of age.
(B) An emancipated minor who has not attained eighteen (18) years of age.
(2) "Conservator" means a guardian (as defined in IC 29-3-1-6).
(3) "Guardian" has the meaning set forth in IC 29-3-1-6.
(4) "Guardianship order" means an order appointing a guardian.
(5) "Guardianship proceeding" means a proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) "Home state" means either of the following:
(A) The state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian.
(B) In the case of a respondent for whom no state satisfies clause (A), the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition.
(7) "Incapacitated person" has the meaning set forth in IC 29-3-1-7.5 with respect to an adult.
(8) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(9) "Person" has the meaning set forth in IC 29-3-1-12.
(10) "Protected person" has the meaning set forth in IC 29-3-1-13 with respect to an adult.
(11) "Protective order" refers to an order issued under IC 29-3-4.
(12) "Protective proceeding" has the meaning set forth in IC 29-3-1-14.
(13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(14) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(15) "Significant connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(16) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 1. General Provisions › 29-3.5-1-3. Foreign Countries Treated as States

Sec. 3. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 1. General Provisions › 29-3.5-1-4. Interstate Communications Between Courts

Sec. 4. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 1. General Provisions › 29-3.5-1-5. Requests of Out-of-State Courts

Sec. 5. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing.
(2) Order a person in that state to produce or give evidence pursuant to procedures of that state.
(3) Order that an evaluation or assessment be made of the respondent, or order any appropriate investigation of a person involved in a proceeding.
(4) Forward to the court of this state a certified copy of any of the following:
(A) The transcript or other record of a hearing under subdivision (1) or any other proceeding.
(B) Any evidence otherwise presented under subdivision (2).
(C) Any evaluation or assessment prepared in compliance with the request under subdivision (3).
(5) Issue any other order necessary to assure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person.
(6) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including health information otherwise protected by state or federal law.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 1. General Provisions › 29-3.5-1-6. Testimony of Out-of-State Witnesses

Sec. 6. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of witnesses who are located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce a record simultaneously with the transmission may not be excluded from evidence on an objection based on the means of transmission.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-1. Considerations in Determining Jurisdiction

Sec. 1. In determining under section 3 of this chapter and IC 29-3.5-3-1(d) whether a respondent has a significant connection with a particular state, the court shall consider:
(1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent's property; and
(4) the extent to which the respondent has ties to the state such as registering to vote, filing a state or local tax return, registering a vehicle, possessing a driver's license, having social relationships, and receiving services in the state.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-2. Exclusive Basis for Determining Jurisdiction

Sec. 2. This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-3. Jurisdiction of Indiana Courts; Criteria

Sec. 3. 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.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-4. Special Jurisdiction

Sec. 4. (a) A court of this state lacking jurisdiction under section 3(1) through 3(3) of this chapter has special jurisdiction to do any of the following:
(1) Appoint a temporary guardian in an emergency as permitted by IC 29-3-3-4 for a term not exceeding ninety (90) days for a respondent who is physically present in this state.
(2) Issue a protective order with respect to real or tangible personal property located in this state.
(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to IC 29-3.5-3-1.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state whether dismissal is requested before or after the emergency appointment.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-5. Duration of the Jurisdiction of a Court That Appoints a Guardian or Issues a Protective Order

Sec. 5. Except as otherwise provided in section 4 of this chapter, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-6. Courts Authorized to Decline Exercising Jurisdiction Upon Determining That the Courts of Another State Are the More Appropriate Forum

Sec. 6. (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.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-7. Authorized Responses to a Determination That Jurisdiction Has Been Acquired Because of Unjustifiable Conduct

Sec. 7. (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.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-8. Notice Requirements When Another State Is the Respondent's Home State

Sec. 8. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 2. Jurisdiction › 29-3.5-2-9. Rules Concerning Proceedings Filed in Two States

Sec. 9. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 4(a)(1) or 4(a)(2) of this chapter, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under section 3 of this chapter, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 3 of this chapter before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under section 3 of this chapter, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
As added by P.L.178-2011, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3.5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Chapter 3. Transfer of Guardianship or Conservatorship › 29-3.5-3-1. Transfer of Guardianship to Another State

Sec. 1. (a) A guardian appointed in this state may petition the court to transfer the guardianship to another state.
(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian.
(c) On the court's own motion or on request of the guardian, the protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed under subsection (a).
(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) the protected person:
(A) is physically present in the other state;
(B) is reasonably expected to move permanently to the other state; or
(C) has a significant connection to the other state as determined under IC 29-3.5-2-1;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person;
(3) plans for care and services for the protected person in the other state are reasonable and sufficient; and
(4) adequate arrangements will be made for management of the protected person's property.
(e) The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of:
(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 2 of this chapter; and
(2) the documents required to terminate a guardianship in this state.
As added by P.L.178-2011, SEC.10.