Venue for appointment of guardian; stay of proceedings; transfer
of proceedings
Sec. 2. (a) The venue for the appointment of a guardian or for
protective proceedings is as follows:
(1) If the alleged incapacitated person or minor resides in
Indiana, venue is:
(A) in the county where the alleged incapacitated person or
minor resides; or
(B) if the proceeding is for the appointment of a temporary
guardian of the person for an alleged incapacitated person or
minor who is in need of medical care, in the county where a
facility is located that is providing or attempting to provide
medical care to the alleged incapacitated person or minor.
(2) If the alleged incapacitated person or minor does not reside
in Indiana, then venue is in any county where any property of
the alleged incapacitated person or minor is located. However,
if the proceeding is for the appointment of a temporary guardian
of the person for an alleged incapacitated person or minor who
is in need of medical care, venue is in the county where the
facility providing or attempting to provide medical care is
located.
(b) If proceedings are commenced in more than one (1) county,
they shall be stayed except in the county where first commenced
until final determination of the proper venue by the court in the
county where first commenced. After proper venue has been
determined, all proceedings in any county other than the county
where jurisdiction has been finally determined to exist shall be
dismissed. If the proper venue is finally determined to be in another
county, the court shall transmit the original file to the proper county.
The proceedings shall be commenced by the filing of a petition with
the court, and the proceeding first commenced extends to all of the
property of the minor or the incapacitated person unless otherwise
ordered by the court.
(c) If it appears to the court at any time that:
(1) the proceeding was commenced in the wrong county;
(2) the residence of the incapacitated person or the minor has
been changed to another county;
(3) the proper venue is determined to be otherwise under the
Indiana Rules of Trial Procedure; or
(4) it would be in the best interest of the incapacitated person or
the minor and the property of the minor or the incapacitated
person;
the court may order the proceeding, together with all papers, files,
and a certified copy of all orders, transferred to another court in
Indiana. That court shall complete the proceeding as if originally
commenced in that court. The court may in like manner transfer a
guardianship or protective proceeding in Indiana to a court outside
Indiana if the other court assumes jurisdiction to complete the
proceeding as if originally commenced in that court. Before any
transfer is made under this subsection, a hearing pursuant to notice
shall be held in the same manner as provided with respect to the
appointment of a guardian.
(d) Where a guardian has been appointed by a court that does not
have probate jurisdiction, the matter shall be transferred in
accordance with the proper venue to a court having probate
jurisdiction for qualification of the guardian and for further
proceedings in the guardianship.
(e) Nothing in this section shall be construed as a requirement of
jurisdiction.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.62.
Last modified: May 27, 2006