2017 Indiana Code
TITLE 29. Probate
CHAPTER 3. Transfer of Guardianship or Conservatorship
29-3.5-3-1. Transfer of guardianship to another state

Universal Citation: IN Code § 29-3.5-3-1 (2017)
IC 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.


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