reglab/housing_qa huggingface dataset:
IN Code § 29-3-5-1.5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order|29-3-5-1.5. Submit Information for Criminal History Check

Sec. 1.5. A petitioner for appointment as a guardian of a minor in a guardianship to which IC 29-3-8-9 applies shall submit the necessary information, forms, or consents for the department of child services to conduct a criminal history check (as defined in IC 31-9-2-22.5) of the petitioner and any other household members before the court appoints the guardian under this chapter or during the guardianship administration.As added by P.L.104-2015, SEC.5.
IN Code § 29-3-5-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order|29-3-5-2. Appointment of Guardian Before Adjudication of Incapacity or Minority

Sec. 2. A guardian may not be appointed for an incapacitated person or a minor under this chapter until the incapacity or minority has been adjudicated.As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.6.
IN Code § 29-3-5-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order|29-3-5-3. Findings; Appointment of Guardian; Limited Guardianship; Protective Orders

Sec. 3. (a) Except under subsection (c), if it is alleged and the court finds that:(1) the individual for whom the guardian is sought is an incapacitated person or a minor; and(2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor;the court shall appoint a guardian under this chapter.(b) If it is alleged and the court finds that the welfare of an incapacitated person would be best served by limiting the scope of the guardianship, the court shall make the appointive or other orders under this chapter to:(1) encourage development of the incapacitated person's self-improvement, self-reliance, and independence; and(2) contribute to the incapacitated person's living as normal a life as that person's condition and circumstances permit without psychological or physical harm to the incapacitated person.(c) If the court finds that it is not in the best interests of the incapacitated person or minor to appoint a guardian, the court may:(1) treat the petition as one for a protective order and proceed accordingly;(2) enter any other appropriate order; or(3) dismiss the proceedings.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.69.
IN Code § 29-3-5-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order|29-3-5-4. Considerations for Appointment of Guardian

Sec. 4. (a) The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following:(1) Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney under IC 30-5-3-4(a).(2) Any request made for a minor by:(A) a parent of the minor; or(B) a de facto custodian of the minor, including a designation in a power of attorney under IC 30-5-3-4(b) or IC 30-5-3-4(c).(3) Any request contained in a will or other written instrument.(4) A designation of a standby guardian under IC 29-3-3-7.(5) Any request made by a minor who is at least fourteen (14) years of age.(6) Any request made by the spouse of the alleged incapacitated person.(7) The relationship of the proposed guardian to the individual for whom guardianship is sought.(8) Any person acting for the incapacitated person under a durable power of attorney.(9) The best interest of the incapacitated person or minor and the property of the incapacitated person or minor.(b) In addition to subsection (a), section 4.1 of this chapter applies when a prospective guardian is a person with a disability.As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.7; P.L.149-1991, SEC.3; P.L.190-2016, SEC.39; P.L.194-2017, SEC.7; P.L.146-2021, SEC.1.
IN Code § 29-3-5-4.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order|29-3-5-4.1. "Disability"; Guardianship

Sec. 4.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102.(b) In considering the qualifications and suitability of an individual with a disability for appointment as a guardian under section 4 of this chapter, a court:(1) shall not discriminate against; and(2) shall take into consideration the provision of reasonable accommodations to;the individual as provided under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 through 42 U.S.C. 12134), and other applicable state and federal law.As added by P.L.146-2021, SEC.2.
IN Code § 29-3-5-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order|29-3-5-5. Persons Entitled to Consideration for Appointment as a Guardian

Sec. 5. (a) The following are entitled to consideration for appointment as a guardian under section 4 of this chapter in the order listed:(1) A person designated in a durable power of attorney.(2) A person designated as a standby guardian under IC 29-3-3-7.(3) The spouse of an incapacitated person.(4) An adult child of an incapacitated person.(5) A parent of an incapacitated person, or a person nominated by will of a deceased parent of an incapacitated person or by any writing signed by a parent of an incapacitated person and attested to by at least two (2) witnesses, or in a power of attorney of a living parent of an incapacitated person under IC 30-5-3-4(c).(6) A parent of a minor, a de facto custodian of a minor, or a person nominated:(A) by will of a deceased parent or a de facto custodian of a minor; or(B) by a power of attorney of a living parent or a de facto custodian of a minor.(7) Any person related to an incapacitated person by blood or marriage with whom the incapacitated person has resided for more than six (6) months before the filing of the petition.(8) A person nominated by the incapacitated person who is caring for or paying for the care of the incapacitated person.(b) With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian. The court, acting in the best interest of the incapacitated person or minor, may pass over a person having priority and appoint a person having a lower priority or no priority under this section.(c) In addition to this section, section 4.1 of this chapter applies if a person having equal priority is a person with a disability.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.70; P.L.190-2016, SEC.40; P.L.194-2017, SEC.8; P.L.146-2021, SEC.3.
IN Code § 29-3-5-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order|29-3-5-6. Two or More Minors or Incapacitated Persons; Petition for Appointment of Guardian; Separate Accounting

Sec. 6. When a petition is filed for the appointment of a guardian for two (2) or more minors or incapacitated persons who are children of a common parent, parent and child, or husband and wife, a separate petition need not be filed for each minor or incapacitated person, and appointment of a guardian for all may be considered in one (1) proceeding. A separate accounting is required for each minor or incapacitated person, but an actual segregation of assets is not required except as required by the court.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.71.
IN Code § 29-3-6-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 6. Notice of Hearings|29-3-6-2. Notice; Form and Contents; Copy of Petition to Be Attached

Sec. 2. A copy of the petition shall be attached to the notice, and the notice must be in substantially the following form:NOTICETO: (name and address of person receiving notice)On (date of hearing) at (time of hearing) in (place of hearing) at (city), Indiana, the (name and address of court) will hold a hearing to determine whether a guardian should be appointed or a protective order should be issued for (name of alleged incapacitated person or minor). A copy of the petition requesting appointment of a guardian or for the issuance of a protective order is attached to this notice.At the hearing the court will determine whether (name of alleged incapacitated person or minor) is an incapacitated person or minor under Indiana law. This proceeding may substantially affect the rights of (name of alleged incapacitated person or minor).If the court finds that (name of alleged incapacitated person or minor) is an incapacitated person or minor, the court at the hearing shall also consider whether (name of proposed guardian, if any) should be appointed as guardian of (name of alleged incapacitated person or minor). The court may, in its discretion, appoint some other qualified person as guardian. The court may also, in its discretion, limit the powers and duties of the guardian to allow (name of alleged incapacitated person or minor) to retain control over certain property and activities. The court may also determine whether a protective order should be entered on behalf of (name of alleged incapacitated person or minor).(Name of alleged incapacitated person) may attend the hearing and be represented by an attorney. The petition may be heard and determined in the absence of (name of alleged incapacitated person) if the court determines that the presence of (name of alleged incapacitated person) is not required. If (name of alleged incapacitated person) attends the hearing, opposes the petition, and is not represented by an attorney, the court may appoint an attorney to represent (name of alleged incapacitated person). The court may, where required, appoint a guardian ad litem to represent (name of alleged incapacitated person or minor) at the hearing.The court may, on its own motion or on request of any interested person, postpone the hearing to another date and time._________________________________(signature of clerk of the court)As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.9; P.L.77-1992, SEC.6; P.L.6-2010, SEC.11.
IN Code § 29-3-6-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 6. Notice of Hearings|29-3-6-3. Request for Written Notice of Proceedings and Pleadings; Determination of Interest; Failure to Comply With Request

Sec. 3. (a) At any time after the appointment of a guardian or the issuance of a protective order, any person may, in person or by the person's attorney, serve upon the guardian or the guardian's attorney, and file with the clerk of the court where the proceedings are pending, a written request together with a written admission or proof of service stating that the person desires written notice of all hearings and copies of all pleadings or other papers in connection with:(1) the settlement of accounts;(2) the sale, mortgage, lease, or exchange of any property of the protected person;(3) allowances of any nature payable from the protected person's property;(4) the investment of funds of the protected person;(5) a petition to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of the protected person as provided under IC 29-3-9-12.2;(6) the removal, suspension, or discharge of the guardian;(7) the final termination of the guardianship; or(8) any other notice or matter as specified in the request.The applicant requesting special notice must include in the written request the applicant's post office address or that of the applicant's attorney. The court may determine that any person requesting notice under this section has no interest in the proceeding, either generally or with respect to a particular matter, and is not entitled to the notice requested. Unless the court otherwise directs, upon filing the request, the guardian or the guardian's attorney shall comply with the request.(b) Failure to comply with a request for notice under this section does not affect the validity of the proceeding.As added by P.L.169-1988, SEC.1. Amended by P.L.83-2014, SEC.1.
IN Code § 29-3-7-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 7. Qualification and Bonding Requirements for Guardians|29-3-7-2. Bond Requirements; Liability; Consent to Jurisdiction; Proceedings Against Sureties

Sec. 2. (a) The following requirements apply to all bonds on which the guardian is primary obligor:(1) Unless otherwise provided by the terms of the bond, sureties are jointly and severally liable with the primary obligor and with each other.(2) By executing the bond, the surety consents to the jurisdiction of the court that issued letters in any proceeding pertaining to the fiduciary duties of the primary obligor and naming the surety as a party respondent. Notice of any proceeding under this article must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.(3) On petition of a successor to the primary obligor or any interested person, a proceeding may be intitiated against a surety for breach of the obligation of the bond of the primary obligor.(4) The bond is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-7-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 7. Qualification and Bonding Requirements for Guardians|29-3-7-3. Letters of Guardianship

Sec. 3. (a) Letters of guardianship, temporary or otherwise, shall be issued to the person entitled to receive them when:(1) the guardian, if an individual, has filed bond if required and taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that the guardian will faithfully discharge the duties of the guardian's trust according to law; or(2) the guardian, if other than an individual, has filed bond if required and has:(A) taken and subscribed before the clerk or any other officer authorized to administer oaths an oath or affirmation that it will faithfully discharge the duties of its trust according to law; and(B) filed an acceptance of the appointment, duly executed and acknowledged by one (1) of its officers.(b) The oath, and if other than an individual also the acceptance, shall be filed and recorded as a part of the proceedings of the guardianship.(c) If the court limits or restricts the authority of the guardian or creates a limited guardianship, the letters must so state under IC 29-3-8.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-7-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 7. Qualification and Bonding Requirements for Guardians|29-3-7-4. Acceptance of Appointment as Submission to Personal Jurisdiction

Sec. 4. By accepting appointment, a guardian and the guardian's attorney submit personally to the jurisdiction of the court in any proceeding relating to the guardianship.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-7-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 7. Qualification and Bonding Requirements for Guardians|29-3-7-5. Guardianship Property; Possession by Guardian; Transfer of Property Interest; Process Against Property

Sec. 5. (a) A guardian shall take possession of the guardianship property, title to which shall remain in the protected person subject to the right of the guardian to possess and dispose of the property as provided by law.(b) The interest of the protected person in guardianship property is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim under IC 29-3-10.(c) The property referred to in subsections (a) through (b) is not subject to levy, garnishment, or similar process other than an order issued in a proceeding on a claim under IC 29-3-10.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-7-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 7. Qualification and Bonding Requirements for Guardians|29-3-7-6. Evidence of Possessory and Disposition Rights in Guardianship Property; Real Property of Guardianship; Filing of Letters of Appointment or Termination Orders

Sec. 6. (a) Letters are evidence that the guardian has all, and the protected person does not have any, rights to possess and dispose of the guardianship property. An order terminating a guardianship is evidence that the protected person has all, and the guardian does not have any, rights to possess and dispose of the guardianship property.(b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to real estate, letters, and orders terminating the same may be filed or recorded in the county where the real estate in question is located to give record notice of rights of possession and disposal as between the guardian and the protected person.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-7-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 7. Qualification and Bonding Requirements for Guardians|29-3-7-7. Persons Prohibited From Being Appointed or From Serving as a Guardian

Sec. 7. A court may not appoint a person to serve as the guardian or permit a person to continue to serve as a guardian if the person:(1) is a sexually violent predator (as described in IC 35-38-1-7.5);(2) was at least eighteen (18) years of age at the time of the offense and was convicted of child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:(A) by using or threatening the use of deadly force;(B) while armed with a deadly weapon; or(C) that resulted in serious bodily injury; or(3) was less than eighteen (18) years of age at the time of the offense and was convicted as an adult of an offense described in:(A) IC 35-42-4-1;(B) IC 35-42-4-2 (before its repeal);(C) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);(D) IC 35-42-4-5(a)(1);(E) IC 35-42-4-5(a)(2);(F) IC 35-42-4-5(a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441);(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);(H) IC 35-42-4-5(b)(2); or(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014).As added by P.L.131-2009, SEC.5. Amended by P.L.158-2013, SEC.303; P.L.214-2013, SEC.22; P.L.168-2014, SEC.37; P.L.187-2015, SEC.25; P.L.86-2018, SEC.213; P.L.142-2020, SEC.33.
IN Code § 29-3-8-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 8. Responsibilities and Powers of Guardian|29-3-8-1. Enumerated Responsibilities of Guardian

Sec. 1. (a) The guardian of a minor (other than a temporary guardian) has all of the responsibilities and authority of a parent and, unless otherwise ordered by the court, is responsible for the preservation of all the minor's property regardless of where the property is located. In addition and without limitation, the guardian:(1) must be or shall become sufficiently acquainted with the minor and maintain sufficient contact with the minor to know of the minor's capabilities, disabilities, limitations, needs, opportunities, and physical and mental health;(2) shall, upon termination of the guardianship, comply with the applicable provisions of IC 29-3-12;(3) to the extent the available parental income and property are insufficient to fulfill the parental obligation of support to the minor, shall apply the guardianship income and, to the extent the guardianship income is insufficient, the principal of the guardianship property to the minor's current needs for support, and protect and conserve that portion of the minor's property that is in excess of the minor's current needs;(4) shall report the physical and mental condition of the minor to the court as ordered by the court; and(5) has any other responsibilities that the court may order.(b) The guardian (other than a temporary guardian) of an incapacitated person is responsible for the incapacitated person's care and custody and for the preservation of the incapacitated person's property to the extent ordered by the court. In addition and without limitation, the guardian of an incapacitated person:(1) has, with respect to the incapacitated person, the same responsibilities as those of a guardian of a minor enumerated in subsection (a)(1), (a)(3), and (a)(4);(2) shall, upon termination of the guardianship, comply with the applicable provisions of IC 29-3-12; and(3) has any other responsibilities that the court may order.As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.10.