reglab/housing_qa huggingface dataset:
IN Code § 29-3-9-4.5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-4.5. Estate Planning

Sec. 4.5. (a) After notice to interested persons and upon authorization of the court, a guardian may, if the protected person has been found by the court to lack testamentary capacity, do any of the following:(1) Make gifts.(2) Exercise any power with respect to transfer on death or payable on death transfers that is described in IC 30-5-5-7.5.(3) Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties.(4) Exercise or release a power of appointment.(5) Create a revocable or irrevocable trust of all or part of the property of the estate, including a trust that extends beyond the duration of the guardianship.(6) Revoke or amend a trust that is revocable by the protected person.(7) Exercise rights to elect options and change beneficiaries under insurance policies, retirement plans, and annuities.(8) Surrender an insurance policy or annuity for its cash value.(9) Exercise any right to an elective share in the estate of the protected person's deceased spouse.(10) Renounce or disclaim any interest by testate or intestate succession or by transfer inter vivos.(b) Before approving a guardian's exercise of a power listed in subsection (a), the court shall consider primarily the decision that the protected person would have made, to the extent that the decision of the protected person can be ascertained. If the protected person has a will, the protected person's distribution of assets under the will is prima facie evidence of the protected person's intent. The court shall also consider:(1) the financial needs of the protected person and the needs of individuals who are dependent on the protected person for support;(2) the interests of creditors;(3) the possible reduction of income taxes, estate taxes, inheritance taxes, or other federal, state, or local tax liabilities;(4) the eligibility of the protected person for governmental assistance;(5) the protected person's previous pattern of giving or level of support;(6) the protected person's existing estate plan, if any;(7) the protected person's life expectancy and the probability that the guardianship will terminate before the protected person's death; and(8) any other factor the court considers relevant.(c) A guardian may examine and receive, at the expense of the guardian, copies of the following documents of the protected person:(1) A will.(2) A trust.(3) A power of attorney.(4) A health care appointment.(5) An advance directive.(6) Any other estate planning document.As added by P.L.6-2010, SEC.12. Amended by P.L.50-2021, SEC.73.
IN Code § 29-3-9-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-5. Inventory of Guardianship Property

Sec. 5. (a) Within ninety (90) days after appointment, a guardian (other than a temporary guardian) shall file with the court a complete inventory of the property subject to the guardian's control together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. A temporary guardian shall file the inventory and oath or affirmation with the court within thirty (30) days after appointment. The inventory must conform to the requirements of IC 29-1-12-1. The guardian shall provide a copy of the inventory to the protected person if the protected person is at least fourteen (14) years of age. A copy also shall be provided to any guardian, parent, or person with whom the protected person resides and any other person ordered by the court. In addition, the guardian shall provide notice of the filing of the inventory to each person that was required to be notified of the hearing on the petition to establish the guardianship. The notice must be provided in the same manner as the notice of the hearing to establish a guardianship. The notice must include all of the following:(1) The cause number.(2) A statement that Indiana law requires a guardian to file with the court a written verified account of the guardian's administration:(A) at least biennially, not more than thirty (30) days after the anniversary date of the guardian's appointment; and(B) not more than thirty (30) days after the termination of the appointment.(3) A statement that the inventory and the written verified accounts may be inspected at the court's address.(b) The guardian shall keep suitable records of the guardian's administration and exhibit the records as ordered by the court.As added by P.L.169-1988, SEC.1. Amended by P.L.265-1995, SEC.1.
IN Code § 29-3-9-6.5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-6.5. Accounting Standards and Procedures

Sec. 6.5. (a) This section applies to an accounting described under section 6 of this chapter that is filed:(1) in a court that requires an accounting; and(2) by a guardian for a protected person:(A) whose:(i) annual gross income is not more than one hundred eighty-five percent (185%) of the federal income poverty level as determined annually by the federal Office of Management and Budget under 42 U.S.C. 9902; and(ii) total assets are worth fifteen thousand dollars ($15,000) or less; or(B) who has an annual gross income and total assets of any amount, if the guardian does not have powers concerning the estate of the protected person.(b) The court shall establish standards for the type of information required to be reported in an accounting described in subsection (a).(c) Except as provided in subsection (d), the accounting described in subsection (a) is not required to be filed by an attorney for the guardian.(d) The court may order that the guardian hire an attorney to assist the guardian in filing the accounting described in subsection (a) if the court determines that an accounting filed by the guardian does not conform to the standards established by the court under this section.As added by P.L.265-1995, SEC.2.
IN Code § 29-3-9-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-7. Compromise of Claim; Petition to Court; Settlement; Access to Confidential Exhibits

Sec. 7. (a) Whenever it is proposed to compromise any claim by or against a protected person or the protected person's property, the court, on petition of the guardian, may enter an order authorizing the compromise to be made if satisfied that the compromise will be in the best interest of the protected person.(b) Whenever a minor has a disputed claim against another person, whether arising in contract, tort, or otherwise, and a guardian for the minor and the minor's property has not been appointed, the parents of the minor may compromise the claim. However, before the compromise is valid, it must be approved by the court upon filing of a petition requesting the court's approval. If the court approves the compromise, it may direct that the settlement be paid in accordance with IC 29-3-3-1. If IC 29-3-3-1 is not applicable, the court shall require that a guardian be appointed and that the settlement be delivered to the guardian upon the terms that the court directs.(c) Any exhibit demonstrating a compromise on behalf of a protected person or a minor and any testimony related to such compromise that is offered or admitted into evidence in a legal proceeding commenced under this section shall be maintained by the court as a confidential court record. The confidential exhibits and record may not be used in any other proceeding or for any other person.(d) Subsection (c) does not prohibit the following persons from having access to the confidential exhibits and record for the purpose of learning, confirming, and enforcing the economic terms of the compromise, for the purpose of enforcing or modifying any trust that is funded under the compromise, or for the purpose of obtaining a qualified order with respect to a structured settlement under IC 34-50-2 and 26 U.S.C. 5891(b):(1) The attorney of record for the incapacitated person or minor.(2) A guardian or guardian ad litem appointed for the incapacitated person or minor by a court of competent jurisdiction, and the attorney, if any, for the guardian or guardian ad litem.(3) Each current trustee or trust director that participates in the administration of a trust funded under the compromise and the attorneys of record for each current trustee or trust director.(4) A prospective successor trustee or successor trust director that is proposed to serve in the administration of a trust funded under the compromise.As added by P.L.169-1988, SEC.1. Amended by P.L.56-2020, SEC.7.
IN Code § 29-3-9-8 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-8. Supplementary Orders

Sec. 8. At any time after the appointment or issuance of a protective order, the court on its own motion or on the petition of the protected person or other person approved by the court, in addition to its authority under IC 29-3-8-8, may give the instructions and make the amendatory and supplementary orders that the court finds appropriate.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-9-9 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-9. Expenses of Proceedings

Sec. 9. (a) Whenever a guardian is appointed for an incapacitated person or minor, the guardian shall pay all expenses of the proceeding, including reasonable medical, professional, and attorney's fees, out of the property of the protected person.(b) The expenses of any other proceeding under this article that results in benefit to the protected person or the protected person's property shall be paid from the protected person's property as approved by the court.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.77.
IN Code § 29-3-9-10 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-10. Attorney of Record for Guardian

Sec. 10. The attorney of record for a guardian continues as such until the termination of the guardianship or the attorney's withdrawal, whichever occurs first, as approved by the court.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-9-11 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-11. Investigation and Report Concerning Minor or Protected Person

Sec. 11. The office of the secretary of family and social services shall investigate and report to the court concerning the conditions and circumstances of a minor or an alleged incapacitated adult or protected person who is an adult and the fitness and conduct of the guardian or the proposed guardian whenever ordered to do so by the court.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.78; P.L.2-1992, SEC.794; P.L.4-1993, SEC.261; P.L.5-1993, SEC.274; P.L.145-2006, SEC.169; P.L.146-2008, SEC.531; P.L.128-2012, SEC.20.
IN Code § 29-3-9-12 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-12. Guardianship of Property of Minor or Incapacitated Adult; Compliance With Demand or Instruction; Enforcement Proceedings; Awards

Sec. 12. (a) This section applies only to a guardianship of the property of a minor or an incapacitated adult.(b) If a third party fails to comply with a guardian's written demand or instruction that:(1) was issued within the scope of the guardian's authority; and(2) is consistent with this article;the guardian may bring an enforcement proceeding to compel compliance in the court having jurisdiction over the guardianship.(c) A court may award attorney's fees and costs to the guardian in an enforcement proceeding under subsection (b), if the person indebted to the guardianship estate or holding property of the guardianship estate:(1) acted in bad faith in failing to comply with the guardian's written demand or instruction; or(2) refused to respond within thirty (30) business days after receiving the guardian's written demand or instruction, if the demand or instruction is consistent with this article.(d) A court may, upon notice and hearing, award attorney's fees and costs to an estate bringing an enforcement proceeding under subsection (a) against an insurer regulated under IC 27 if:(1) the insurer failed to respond under IC 27 after receiving a written demand or instruction from the personal guardian; and(2) the written demand or instruction is consistent with this article.As added by P.L.51-2014, SEC.7. Amended by P.L.83-2014, SEC.5.
IN Code § 29-3-9-13 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 9. Matters Other Than Appointment|29-3-9-13. Filing Petition for Dissolution, Legal Separation, or Annulment in Guardian's County of Residence

Sec. 13. (a) This section applies if a court has authorized a guardian to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of an incapacitated person under section 12.2 of this chapter.(b) A guardian may file a petition for dissolution on behalf of an incapacitated person under IC 31-15-2 in the county where the guardian resides in accordance with IC 31-15-2-6.(c) A guardian may file a petition for legal separation on behalf of an incapacitated person under IC 31-15-3-4 in the county where the guardian resides in accordance with IC 31-15-3-6.(d) A guardian may file an action to annul a marriage under IC 31-11-10 in the county where the guardian resides in accordance with IC 31-11-10-4.As added by P.L.83-2014, SEC.7.
IN Code § 29-3-10-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 10. Claims Against Protected Persons|29-3-10-1. Payment of Debts Incurred on Behalf of Protected Person; Payment of Claims; Actions Against Guardian; Filing of Claims

Sec. 1. (a) Without prior order of the court, a guardian shall pay from the guardianship property all indebtedness that the guardian has reasonably incurred in good faith on behalf of the protected person.(b) Upon order of the court, a guardian shall pay from the protected person's property for which the guardian is responsible any claim against the protected person or the protected person's property, that the court determines has merit.(c) Claims based on:(1) contracts entered into by a guardian in the guardian's official capacity;(2) obligations arising from ownership or control of the property for which the guardian is responsible; or(3) acts or omissions in the course of administration of the guardianship;may be asserted against the guardianship by proceeding against the guardian in the guardian's official capacity, whether or not the guardian is personally liable.(d) Any person having a claim against the protected person or the protected person's property or against the guardian as such may file the claim with the court at any time before the claim is barred by the statute of limitations and, upon proof of the claim, procure an order for its allowance and payment from the guardianship property. However, if a claim is filed within sixty (60) days before the date that a protected person attains the age of majority or regains capacity:(1) the claim shall be stayed until the sixty (60) day period has elapsed;(2) the protected person shall be substituted as a party; and(3) the guardian shall prepare and file the guardian's account without regard to the claim.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-11-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders|29-3-11-1. Protection for Persons Dealing in Good Faith With Guardian or Person Acting Under Protective Order; Scope of Protection

Sec. 1. (a) A person who in good faith deals with a guardian or person acting under a protective order is:(1) protected as if the guardian or person acting under a protective order properly exercised the power; and(2) not required to inquire into the existence of the power or the propriety of its exercise except as to restrictions endorsed on the letters.(b) A person who deals with a guardian or person acting under a protective order in good faith is not bound to see to the proper application of amounts paid or property delivered to the guardian or person.(c) The protection expressed in this section:(1) extends to any procedural irregularity or jurisdictional defect occurring in proceedings under this article; and(2) is not a substitution for but is in addition to any other applicable law, including the laws relating to commercial transactions and to simplifying transfers of securities by fiduciaries.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-11-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders|29-3-11-2. Contracts Entered Into in Good Faith; Personal Liability of Guardian; Liability for Acts or Omissions; Proceeding to Determine Liability

Sec. 2. (a) Unless otherwise provided in the contract, a guardian or person acting under a protective order is not personally liable on a contract entered into in good faith under the order, unless that person fails to reveal that person's representative capacity and identify that person's capacity in the contract.(b) Subject to subsection (a), a guardian or person acting under a protective order is not personally liable to the protected person or others for any act or omission in good faith or for any act or omission of the protected person or others acting on behalf of the protected person.(c) The guardian or person acting under a protective order is personally liable to the protected person for acts or omissions in the course of the administration of the trust of the guardian or person acting under a protective order only for a breach of duty to the protected person.(d) Any question of liability of the guardian or person acting under a protective order personally to the protected person may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-11-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders|29-3-11-3. Actions Between Third Party and Protected Person; Service of Process; Suits Against Guardian or Person Acting Under Protective Order; Substitution of Parties

Sec. 3. (a) If a guardian has been appointed, all actions between third persons and the protected person seeking to charge or benefit the protected person or the protected person's property shall be prosecuted by or against the guardian or person acting under a protective order to represent the interests of the protected person in the action. All process relating to that action shall be served on the guardian.(b) In the case of a claim against the guardian or person acting under a protective order personally, the guardian or person acting under the protective order may be sued both as guardian or person acting under the protective order and in the personal capacity of the guardian or person acting under the protective order in the same action.(c) If an action was commenced by or against the protected person before the appointment of a guardian for the protected person, the guardian upon appointment shall be substituted as a party for the protected person. If the appointment of the guardian is terminated, the guardian's successor shall be substituted as a party to the action. If the protected person dies, the protected person's personal representative shall be substituted. If the protected person is no longer a minor or incapacitated person, the protected person shall be substituted.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.79.
IN Code § 29-3-11-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders|29-3-11-4. Civil Immunity of a Guardian

Sec. 4. Except as provided in section 2 of this chapter and except for gross misconduct, a guardian appointed under this article is immune from any civil liability resulting from the guardian's performance.As added by P.L.41-2004, SEC.4.
IN Code § 29-3-12-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 12. Termination of Guardianships and Protective Orders|29-3-12-2. Mandatory Termination of Protective Order

Sec. 2. The court shall terminate a protective order if:(1) the protective order has expired by its terms; or(2) the protective order is no longer necessary for any other reason.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-12-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 12. Termination of Guardianships and Protective Orders|29-3-12-3. Minimum Period to Maintain Incapacitated Person Status; Petition to Terminate Guardianship or Protective Order; Penalty

Sec. 3. An order adjudicating a person as an incapacitated person may specify a minimum period, not exceeding one (1) year, during which a petition for an adjudication that the protected person is no longer an incapacitated person may not be filed without court approval. Subject to that restriction, the protected person or any other person may petition for an order that the protected person is no longer an incapacitated person and for termination of the guardianship or protective order. A request for an order may also be made informally to the court. Any person who knowingly interferes with transmission of the request is guilty of contempt of court.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.80.
IN Code § 29-3-12-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 12. Termination of Guardianships and Protective Orders|29-3-12-4. Removal, Resignation, or Death of Guardian; Final Accounting; Appointment of Successor; Effect of Removal on Validity of Guardian's Acts

Sec. 4. (a) The court may remove a guardian on its own motion or on petition of the protected person or any person interested in the guardianship, after notice and hearing, on the same grounds and in the same manner as is provided under IC 29-1-10-6 for the removal of a personal representative. The court may accept the resignation of a guardian. Upon the death of the guardian, the guardian's personal representative shall submit a final account of guardianship to the court in accordance with IC 29-3-9-6. Upon the resignation or removal of the guardian, the guardian shall give a final accounting to the court.(b) If the appointment of a successor guardian is required, the court shall appoint a qualified successor guardian to succeed to the title, powers, and duties of the predecessor guardian unless otherwise ordered by the court.(c) The removal or resignation of a guardian after letters are duly issued to the guardian does not by itself invalidate the guardian's acts and omissions prior to removal. A final order under IC 29-3-9-6 protects the successor guardian and the successor guardian's surety to the same extent that it protects the successor guardian's predecessor and surety.As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.13.