2012 Indiana Code
TITLE 29. PROBATE
ARTICLE 3.5. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
CHAPTER 1. GENERAL PROVISIONS

IC 29-3.5
ARTICLE 3.5. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

IC 29-3.5-1
Chapter 1. General Provisions

IC 29-3.5-1-1
Citation
Sec. 1. This article may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
As added by P.L.178-2011, SEC.10.

IC 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.

IC 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.

IC 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.

IC 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.

IC 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.