reglab/housing_qa huggingface dataset:
IN Code § 29-3-2-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 2. General Provisions|29-3-2-1. Application of Article; Jurisdiction of Courts

Sec. 1. (a) This article applies to the following:(1) The business affairs, physical person, and property of every incapacitated person and minor residing in Indiana.(2) Property located in Indiana of every incapacitated person and minor residing outside Indiana.(3) Property of every incapacitated person or minor, regardless of where the property is located, coming into the control of a fiduciary who is subject to the laws of Indiana.(b) Except as provided in subsections (c) through (e), the court has exclusive original jurisdiction with respect to an individual who is not an adult (as defined in IC 29-3.5-1-2(1)) over all matters concerning the following:(1) Guardians.(2) Protective proceedings under IC 29-3-4.In the case of an adult (as defined in IC 29-3.5-1-2(1)), a court must establish jurisdiction concerning a guardianship or a protective proceeding in accordance with IC 29-3.5-2.(c) A juvenile court has exclusive original jurisdiction over matters relating to the following:(1) Minors described in IC 31-30-1-1.(2) Matters related to guardians of the person and guardianships of the person described in IC 31-30-1-1(10).(d) Except as provided in subsection (c), courts with child custody jurisdiction under:(1) IC 31-14-10;(2) IC 31-17-2-1; or(3) IC 31-21-5 (or IC 31-17-3-3 before its repeal);have original and continuing jurisdiction over custody matters relating to minors.(e) A mental health division of a superior court under IC 33-33-49 has jurisdiction concurrent with the court in mental health proceedings under IC 12-26 relating to guardianship and protective orders.(f) Jurisdiction under this section is not dependent on issuance or service of summons.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.61; P.L.1-1990, SEC.275; P.L.2-1992, SEC.792; P.L.16-1995, SEC.5; P.L.1-1997, SEC.118; P.L.217-2001, SEC.1; P.L.98-2004, SEC.100; P.L.138-2007, SEC.4; P.L.178-2011, SEC.1.
IN Code § 29-3-2-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 2. General Provisions|29-3-2-3. Guardian Ad Litem; Appointment

Sec. 3. (a) Unless waived under subsection (b) or if section 4 of this chapter does not apply, the court shall appoint a guardian ad litem to represent the interests of the alleged incapacitated person or minor if the court determines that the alleged incapacitated person or minor is not represented or is not adequately represented by counsel. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. The court as part of the record of the proceeding shall set out its reasons for appointing a guardian ad litem.(b) If a minor has or is entitled to property for the preservation of which the appointment of a guardian is necessary, and the court makes written findings that:(1) the proposed guardian is capable of representing and managing the minor's property;(2) no other petition for the appointment of a guardian has been filed; and(3) the petition for the appointment of the proposed guardian is uncontested;the court may waive the appointment of a guardian ad litem for the minor.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.63; P.L.154-1990, SEC.12; P.L.118-1997, SEC.25.
IN Code § 29-3-2-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 2. General Provisions|29-3-2-4. Discretion of Court; Binding Orders

Sec. 4. (a) All findings, orders, or other proceedings under this article shall be in the discretion of the court unless otherwise provided in this article.(b) If there is not a conflict of interest between a guardian of an estate and the protected person or among persons represented, orders binding a guardian of an estate bind the protected person.(c) Orders binding a guardian of the person bind the ward if a guardian of the ward's estate has not been appointed.As added by P.L.169-1988, SEC.1. Amended by P.L.118-1997, SEC.26; P.L.252-2001, SEC.25.
IN Code § 29-3-2-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 2. General Provisions|29-3-2-5. Residence; Determination

Sec. 5. The residence of a person shall be determined by actual presence rather than technical domicile.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-2-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 2. General Provisions|29-3-2-6. Application of Decedents' Estates Law to Guardianships and Protected Persons

Sec. 6. (a) The applicable rules regarding decedents' estates in IC 29-1-7 through IC 29-1-17 apply to guardianships and protective proceedings under IC 29-3-4 when consistent with this article and IC 29-1-19.(b) IC 29-1-1-6 through IC 29-1-1-7, IC 29-1-1-9 through IC 29-1-1-10, IC 29-1-1-12 through IC 29-1-1-14, IC 29-1-1-16 through IC 29-1-1-18, and IC 29-1-1-20 through IC 29-1-1-24 apply to guardianships under this article and IC 29-1-19.(c) This article extends to persons specifically provided for under IC 29-1-19. The provisions of this article are cumulative to the provisions of IC 29-1-19. A conflict arising between this article and IC 29-1-19 is resolved by giving effect to the law stated in IC 29-1-19 in cases to which it applies.(d) The provisions of IC 29-1-15 concerning the sale of decedents' property apply to the sale of protected persons' property.(e) The provisions of IC 29-1-16 concerning accounting in decedents' estates apply to accounting in protected persons' estates that are consistent with this article.(f) The provisions of IC 29-1-14-2, IC 29-1-14-10, IC 29-1-14-11, IC 29-1-14-12, IC 29-1-14-13, and IC 29-1-14-17 concerning claims against decedents' estates apply to claims against protected persons' estates.As added by P.L.264-1989, SEC.3.
IN Code § 29-3-2-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 2. General Provisions|29-3-2-7. Submissions to the Court; Court Requests for Information

Sec. 7. (a) If a person files a petition to establish or modify guardianship of a minor, any person who:(1) is a party to the guardianship proceeding; and(2) has knowledge that:(A) a party to the guardianship proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;(C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or(D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;shall submit to the court in writing under seal that a party to the guardianship proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).(b) A court reviewing a petition to establish or modify a guardianship may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.As added by P.L.239-2013, SEC.1.
IN Code § 29-3-3-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 3. Proceedings in Lieu of Guardianships|29-3-3-1. Payment of Debt Owed to Minor; Delivery of Minor's Property in Possession of Another; Use of Payment or Property

Sec. 1. (a) Any person indebted to a minor or having possession of property belonging to a minor in an amount not exceeding ten thousand dollars ($10,000) may pay the debt or deliver the property without the appointment of a guardian, giving of bond, or other order of court directly to any person having the care and custody of the minor with whom the minor resides.(b) Persons receiving property for a minor under this section are obligated to apply the property to the support, use, and benefit of the minor.(c) This section does not apply if the person paying or delivering the property knows that a guardian has been appointed for the minor or that proceedings for appointment of a guardian for the minor are pending.(d) A person who pays or delivers property in accordance with this section in good faith is not responsible for the proper application of that property.As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.4; P.L.42-1998, SEC.3; P.L.252-2001, SEC.26.
IN Code § 29-3-3-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 3. Proceedings in Lieu of Guardianships|29-3-3-2. Property of Incapacitated Person Not in Excess of $10,000; Deposit, Delivery, and Disposition of Property; Compensation and Expenses of Receiver

Sec. 2. When the entire property of an incapacitated person does not exceed the value of ten thousand dollars ($10,000), the court may, without the appointment of a guardian, giving of bond, or other order of court, authorize:(1) the deposit of the property in a depository authorized to receive fiduciary funds in the name of a suitable person designated by the court; or(2) if the property does not consist of money, the delivery of the property to a suitable person designated by the court.The person receiving the property shall hold and dispose of the property in the manner the court directs and is entitled to reasonable compensation and to reimbursement for reasonable expenses incurred in good faith on behalf of the incapacitated person and approved by the court.As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.5; P.L.252-2001, SEC.27.
IN Code § 29-3-3-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 3. Proceedings in Lieu of Guardianships|29-3-3-3. Custody of Minor by Parents; Consents, Waivers, and Powers of Attorney Provided by Statute or Internal Revenue Code; Consent to Medical Treatment

Sec. 3. Except as otherwise determined in a dissolution of marriage proceeding, a custody proceeding, or in some other proceeding authorized by law, including a proceeding under section 6 of this chapter or another proceeding under this article, and unless a minor is married, the parents of the minor jointly (or the survivor if one (1) parent is deceased), if not an incapacitated person, have, without the appointment of a guardian, giving of bond, or order or confirmation of court, the right to custody of the person of the minor and the power to execute the following on behalf of the minor:(1) Consent to the application of subsection (c) of Section 2032A of the Internal Revenue Code, which imposes personal liability for payment of the tax under that Section.(2) Consent to the application of Section 6324A of the Internal Revenue Code, which attaches a lien to property to secure payment of taxes deferred under Section 6166 of the Internal Revenue Code.(3) Any other consents, waivers, or powers of attorney provided for under the Internal Revenue Code.(4) Waivers of notice permissible with reference to proceedings under IC 29-1.(5) Consents, waivers of notice, or powers of attorney under any statute, including the Indiana adjusted gross income tax law (IC 6-3).(6) Consent to unsupervised administration as provided in IC 29-1-7.5.(7) Federal and state income tax returns.(8) Consent to medical or other professional care, treatment, or advice for the minor's health and welfare.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.64; P.L.155-1990, SEC.1; P.L.192-2002(ss), SEC.171; P.L.79-2017, SEC.74.
IN Code § 29-3-3-3.5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 3. Proceedings in Lieu of Guardianships|29-3-3-3.5. Custodians of Individual Retirement Accounts

Sec. 3.5. (a) Except as otherwise determined in a dissolution of marriage proceeding, a custody proceeding, or another proceeding authorized by law, including a proceeding under section 6 of this chapter or another proceeding under this article, and unless a minor is married:(1) the parents of the minor jointly or one (1) parent of the minor individually, if both parents are not incapacitated persons;(2) one (1) parent, if one (1) of the parents is an incapacitated person; or(3) the survivor, if one (1) parent is deceased and if the survivor is not an incapacitated person;have the right, without the appointment of a guardian, giving of bond, or order or confirmation of court, to act as custodians of an individual retirement account established for the minor under 26 U.S.C. 408.(b) IC 30-2-8.5-27(b), IC 30-2-8.5-27(e), and IC 30-2-8.5-28 apply to this section.As added by P.L.264-1995, SEC.1.
IN Code § 29-3-3-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 3. Proceedings in Lieu of Guardianships|29-3-3-5. Application for Public Assistance or Transfer; Authority of Chief of Social Services at State Institution

Sec. 5. The chief of social services (or a person designated by the chief of social services) at any institution under the control of the division of mental health and addiction or the division of disability and rehabilitative services may execute the necessary documents to make applications on behalf of a patient in the institution to receive public assistance or to transfer the patient to an alternate care facility without the appointment of a guardian or other order of court.As added by P.L.169-1988, SEC.1. Amended by P.L.2-1992, SEC.793; P.L.1-1993, SEC.214; P.L.40-1994, SEC.74; P.L.215-2001, SEC.105; P.L.141-2006, SEC.110.
IN Code § 29-3-3-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 3. Proceedings in Lieu of Guardianships|29-3-3-6. Surviving Parent; Custody Proceedings; Temporary Guardian or Guardian Ad Litem; Hearing

Sec. 6. (a) The surviving parent of a minor does not have the right to custody of the minor without a proceeding authorized by law if the parent was not granted custody of the minor in a dissolution of marriage decree and the conditions specified in this section exist.(b) If:(1) the surviving parent, at the time of the custodial parent's death, had required supervision during parenting time privileges granted under a dissolution of marriage decree involving the minor; or(2) the surviving parent's parenting time privileges with the minor had been suspended at the time of the death of the custodial parent;the court on petition by any person, including a temporary custodian named under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), or on the court's own motion, may appoint a temporary guardian for the minor for a specified period not to exceed sixty (60) days.(c) If a petition is filed under this section, a court shall appoint a guardian ad litem (as defined in IC 31-9-2-50) or a court appointed special advocate (as defined in IC 31-9-2-28) for the child. A guardian ad litem or court appointed special advocate appointed under this section serves until removed by the court.(d) If a temporary guardian is appointed without notice and the minor files a petition that the guardianship be terminated or the court order modified, the court shall hold a hearing and make a determination on the petition at the earliest possible time.(e) A temporary guardian appointed under this section has only the responsibilities and powers that are ordered by the court.(f) A proceeding under this section may be joined with a proceeding under IC 29-3-4 or IC 29-3-5.(g) The court shall appoint a guardian under this article if the court finds that the surviving parent is not entitled to the right of custody of the minor.As added by P.L.155-1990, SEC.2. Amended by P.L.1-1993, SEC.215; P.L.1-1997, SEC.119; P.L.68-2005, SEC.7.
IN Code § 29-3-3-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 3. Proceedings in Lieu of Guardianships|29-3-3-7. Standby Guardians

Sec. 7. (a) Subject to subsection (e), a parent of a minor or the guardian of a protected person may designate a standby guardian by making a written declaration naming the individual designated to serve as a standby guardian. A declarant may name an alternate to the designated standby guardian if the designated standby guardian is unable to serve, refuses to serve, renounces the appointment, dies, or becomes incapacitated after the death of the declarant.(b) A declaration under this section must contain the following information:(1) The names of the declarant, the designated standby guardian, and the alternate standby guardian, if any.(2) The following information concerning each minor child or protected person for whom a standby guardian is designated by the declaration:(A) The person's full name as it appears on the birth certificate or as ordered by a court.(B) The person's date of birth.(3) A statement that the declaration becomes effective upon the death or incapacity of the declarant.(4) A statement that the declaration terminates ninety (90) days after becoming effective unless the standby guardian files a petition for a guardianship of the minor or protected person during that ninety (90) day period.(c) A declaration executed under this section must be signed by the declarant in the presence of a notary public.(d) A declaration executed under this section becomes effective upon the death or incapacity (as defined in IC 29-3-1-7.5) of the parent or guardian and terminates ninety (90) days after the declaration becomes effective. However, if the designated standby guardian files a petition for a guardianship of the minor or protected person during that ninety (90) day period, the declaration remains in effect until the court rules on the petition.(e) A declaration executed under this section must be considered by, but is not binding upon, the department of child services, a probation department, or a juvenile court for purposes of determining the placement of a child who is the subject of:(1) an allegation of child abuse or neglect under IC 31-33;(2) an open child in need of services case under IC 31-34; or(3) an open delinquency case under IC 31-37.(f) A standby guardian shall have all the powers granted to a guardian under this article.As added by P.L.178-2011, SEC.4. Amended by P.L.149-2012, SEC.9.
IN Code § 29-3-4-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 4. Protective Proceedings and Single Transactions|29-3-4-1. Protective Orders; Notice and Hearing; Findings; Protective Arrangements

Sec. 1. (a) Upon petition by any person and after a hearing under IC 29-3-5, the court may issue, without the appointment of a guardian, any protective order for the benefit of a person who has been adjudicated an incapacitated person or is a minor.(b) Notice of the filing of a petition under this chapter for the issuance of a protective order and the hearing on the petition shall be given under IC 29-3-6.(c) Incapacitated persons and minors have the same rights at the hearing on a petition filed under this chapter for the issuance of a protective order as they would have at a hearing for the appointment of a guardian.(d) The court may issue a protective order concerning an incapacitated person if the court finds that:(1) the incapacitated person:(A) owns property or has income requiring management or protection that cannot otherwise be provided;(B) has or may have financial or business affairs that may be jeopardized or impaired; or(C) has property that needs to be managed to provide for the support or protection of the incapacitated person;(2) the incapacitated person is unable to manage the incapacitated person's property and financial or business affairs effectively; and(3) the protection sought is necessary.The court shall make the orders that it considers proper and appropriate to protect the person, business affairs, and property of the incapacitated person.(e) The court may issue a protective order concerning a minor if the court finds that:(1) the minor:(A) owns property or has income requiring management or protection that cannot otherwise be provided;(B) has or may have financial or business affairs that may be jeopardized or impaired; or(C) has property that needs to be managed to provide for the support or protection of the minor; and(2) the protection sought is necessary.The court shall make the orders it considers proper and appropriate to protect the person, business affairs, and property of the minor.(f) If the court finds grounds for a protective order under subsection (d) or (e), it may, without appointing a guardian, declare the person to be a protected person and authorize or ratify any transaction necessary or desirable to meet the needs of the protected person. Protective arrangements include the following:(1) The payment, delivery, deposit, or retention of property.(2) The sale, mortgage, lease, or other transfer of property.(3) The entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and educating a person.(4) The addition to or establishment of a suitable trust.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.66; P.L.6-2010, SEC.9.
IN Code § 29-3-4-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 4. Protective Proceedings and Single Transactions|29-3-4-2. Contracts, Trusts or Business Transactions of Incapacitated Person or Minor; Ratification by Court; Exercise of Parental Powers in Absence of Guardian

Sec. 2. The court may, without appointment of a guardian, by protective order authorize or ratify:(1) any contract, trust, or other transaction relating to the property and financial or business affairs of the incapacitated person or minor if the court determines the transaction to be in the incapacitated person's or the minor's best interest; or(2) if no guardian is acting for an incapacitated person, the exercise of any power on the incapacitated person's behalf that is the same as that given to the parent of a minor under IC 29-3-3-3.As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.67.
IN Code § 29-3-4-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 4. Protective Proceedings and Single Transactions|29-3-4-3. Creditors and Dependents to Be Considered by Court Before Issuing Protective Order; Appointment of Limited Guardian; Authority Conferred by Order

Sec. 3. Before issuing a protective order under this chapter, the court shall consider the interest of creditors and dependents of the protected person and, in view of the disability or minority of the protected person, whether the protected person needs the protection of a guardian. The court may appoint a limited guardian to assist in the establishment of any protective arrangement or other transaction. All persons acting under a protective order have the authority conferred by the order and serve until discharged by the court after reporting to the court all matters conducted under the order.As added by P.L.169-1988, SEC.1.
IN Code § 29-3-4-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 3. Guardianships and Protective Proceedings|Chapter 4. Protective Proceedings and Single Transactions|29-3-4-4. Compensation; Persons Whose Services Benefited Protected Person or His or Her Property

Sec. 4. If not otherwise compensated for services rendered, any guardian, attorney, physician, or other person whose services are provided in good faith and are beneficial to the protected person or the protected person's property is entitled to reasonable compensation and reimbursement for reasonable expenditures made on behalf of the protected person. These amounts may be paid from the property of the protected person as ordered by the court.As added by P.L.169-1988, SEC.1.