Seattle1
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Brilliant and thanks for your courtesy.Good afternoon all. Normally I am simply a lurker on this site. However, I signed up today due to an interesting question. As an attorney, I thought I would give some guidance and reference material for the jurisdictional question of guardianship. In short, the answer as to which court ultimately does have jurisdiction in this case is "that all depends." The question is addressed in the Uniform Guardianship and Protective Proceedings Jurisdiction Act, which has been adopted in some form by both Colorado and Indiana. I have included a link to the statutory language in both states:
https://law.justia.com/codes/colora...ode/article-14.5/part-2/section-15-14.5-201/; and
2011 Indiana Code :: TITLE 29. PROBATE :: ARTICLE 3.5. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
This site has a good example question on the issue: Adult Guardianship Jurisdiction - Where to File - Fleming and Curti, PLC.
As to the question of jurisdiction for property, real estate (real property) transactions require in rem jurisdiction. This means that as a general rule, jurisdiction is determined by location of property.
I hope this helps!
Do you believe the Code provides for Guardianship for a missing person that cannot be examined?
Emergency, limited Guardianship here?
Seems that it would be Conservator applicable to protect an asset or loss.