reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8. Responsibilities and Powers of Guardian › 29-3-8-2. Powers Which Guardian May Exercise

Sec. 2. (a) The guardian of a minor may exercise all of the powers required to perform the guardian's responsibilities, including the following:
(1) The power to receive property payable to the minor or the minor's parent, guardian, or custodian from any source, including any statutory benefit, insurance system, or private contract, devise, trust, or custodianship.
(2) The power to take custody of the person of the minor and establish the minor's place of abode within or without Indiana if in accordance with IC 29-3-9-2.
(3) The power to institute proceedings or take other appropriate action to compel the performance by any person of a duty to support the minor or to pay for the minor's education, health, or welfare.
(4) The power to consent to medical or other professional care and treatment for the minor's health and welfare.
(5) The power to consent to the marriage or adoption of the minor.
(6) If reasonable, the power to delegate to the minor certain responsibilities for decisions affecting the minor's business affairs and well-being.
(7) The power to purchase a home for the minor or the minor's dependents, to protect the minor's existing home, or to protect the minor's interest in any real estate in which the minor may have an interest, contractual or otherwise, or to purchase any other interest in real property where the court finds the purchase to be in the minor's best interest.
(8) The powers with respect to the guardianship property as are granted to a guardian under section 4 of this chapter with respect to guardianship property.
(9) The power to bind all or any part of the guardianship property in a transaction for the benefit of the minor unless the third party dealing with the guardian is acting in bad faith.
(10) If the minor has no living parent, other than a parent who is an incapacitated person, the powers granted to the parent of a minor under IC 29-3-3-3(1) through IC 29-3-3-3(8).
(b) The guardian (other than a temporary guardian) of an incapacitated person has all of the powers to perform the guardian's responsibilities, including the powers with respect to the incapacitated person and the incapacitated person's property regardless of where the property is located, that are granted to the guardian of a minor enumerated in subsection (a)(1) through (a)(9).
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.11.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8. Responsibilities and Powers of Guardian › 29-3-8-3. Mandatory Responsibilities of Guardian

Sec. 3. A guardian (other than a temporary guardian) shall do the following:
(1) Act as a guardian with respect to the guardianship property and observe the standards of care and conduct applicable to trustees.
(2) Protect and preserve the property of the protected person subject to guardianship and secure the protective orders or other orders that are required to protect any other property of the protected person.
(3) Conserve any property of the protected person in excess of the protected person's current needs.
(4) Encourage self-reliance and independence of the protected person.
(5) Consider recommendations relating to the appropriate standard of support, care, education, and training for the protected person or the protected person's dependent made by the protected person's parent.
As added by P.L.169-1988, SEC.1. Amended by P.L.108-1996, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8. Responsibilities and Powers of Guardian › 29-3-8-5. Sale or Encumbrance of Guardianship Property; Conflicts of Interest

Sec. 5. (a) Any:
(1) sale or encumbrance of any part of the property of a protected person to a guardian or guardian's spouse, agent, attorney, or any corporation, trust, or other organization in which the guardian has a substantial beneficial interest; or
(2) other transaction involving the property that is affected by a substantial conflict between the interest of the protected person and the guardian's personal interest;
is void unless approved by the court.
(b) Every contract, sale, or conveyance executed by a protected person is void unless the protected person is a minor, in which event the contract, sale, or conveyance is voidable.
As added by P.L.169-1988, SEC.1. Amended by P.L.238-2005, SEC.15.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8. Responsibilities and Powers of Guardian › 29-3-8-6. Sale or Transfer of Guardianship Property Contrary to Terms of Protected Person's Will; Election of Devisee

Sec. 6. If:
(1) a guardian sells or transfers during a protected person's lifetime property belonging to the protected person that is specifically devised to another in a will executed by the protected person;
(2) the protected person subsequently dies; and
(3) the devised property is consequently not contained in the protected person's estate following the death of the protected person;
the devisee may, at the devisee's option, elect to receive the value of the devised property, as valued at the time of death of the protected person, as a general devise or the proceeds of the sale or transfer as a specific devise.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.72; P.L.252-2001, SEC.28.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8. Responsibilities and Powers of Guardian › 29-3-8-6.5. Severance of Property Jointly Owned With Rights of Survivorship or Use of the Assets of a Multiple Party Account

Sec. 6.5. (a) If:
(1) a guardian takes possession of property that is:
(A) jointly owned by or titled in the names of the protected person and another person with rights of survivorship; or
(B) owned as a multiple party account with another person as joint owner or beneficiary;
(2) the guardian:
(A) severs the joint ownership of the property; or
(B) uses the assets of the multiple party account; and
(3) the protected person subsequently dies while the other person is living;
the other person may elect to receive from the protected person's estate property in an amount determined under subsection (b).
(b) The amount of property the other person described in subsection (a) may elect to receive is determined in STEP THREE of the following formula:
STEP ONE: Subtract:
(A) the value of the severed or used property retained by the other person at the time ownership was severed or used, if any; from
(B) the value of the joint property or multiple party account at the time ownership was severed or the assets were used.
STEP TWO: Divide:
(A) the remainder determined under STEP ONE; by
(B) the value of the protected person's property, including the jointly held property or multiple party account, at the time ownership was severed or the assets were used.
STEP THREE: Multiply:
(A) the quotient determined under STEP TWO; by
(B) the value of the deceased protected person's net estate.
(c) As used in this section, "multiple party account" refers to both multiple party accounts described by IC 32-17-11 and transfer on death transfers completed under IC 32-17-14.
As added by P.L.33-1989, SEC.73. Amended by P.L.143-2009, SEC.16.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8. Responsibilities and Powers of Guardian › 29-3-8-7. Sale, Division, or Disposition of Property; Contracts Entered Into Before Incapacity; Performance by Guardian

Sec. 7. If the court finds that:
(1) an incapacitated person who is a protected person did, before the person became an incapacitated person, enter into a written contract, including a contract for the sale, division, or other disposition of property;
(2) the obligations of the contract have not been fully carried out; and
(3) the contract was a good and binding contract at the time of the making of the contract;
the court shall authorize the guardian of the protected person to perform the contract without notice or hearing unless otherwise ordered by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.74.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8. Responsibilities and Powers of Guardian › 29-3-8-8. Limitations on Guardian Powers; Petition for Confidential Health Disclosure Order

Sec. 8. (a) The court, at the time of appointment or later, on its own motion or on petition of the protected person or other person approved by the court, may:
(1) confer upon the guardian any additional responsibilities and powers;
(2) increase or decrease the bond of the guardian to satisfy the requirements of IC 29-3-7-1; or
(3) limit the responsibilities and powers of the guardian otherwise conferred by this article and create a limited guardianship.
(b) However, all limitations must be endorsed on the guardian's letters. Following the same procedure, a limitation may be removed or modified and appropriate revised letters issued.
(c) If a protected person files a petition to limit or modify a guardianship under this section and the protected person is unable to obtain medical records from a health care provider, the:
(1) protected person;
(2) attorney of record for the protected person;
(3) court appointed guardian ad litem for the protected person; or
(4) volunteer advocates for seniors or incapacitated adults program appointed under IC 29-3-8.5;
may file a petition under IC 29-3-4-1.5 to request a confidential health disclosure order and shall provide notice of the petition to any court appointed guardian ad litem of the protected person under IC 29-3-4-1.5(f)(3). A petition filed under this subsection that contains an allegation that the protected person has made a direct request for and has been denied access to the medical records has satisfied the requirement of IC 29-3-4-1.5(b)(4)(E).
As added by P.L.169-1988, SEC.1. Amended by P.L.38-2023, SEC.13.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8. Responsibilities and Powers of Guardian › 29-3-8-10. Access of Guardian to Digital Assets; Power Conferred by Court

Sec. 10. (a) IC 32-39-2-11 applies to the right of a guardian to access:
(1) the content of an electronic communication;
(2) a catalogue of electronic communications; or
(3) any other digital asset;
of a protected person.
(b) This article:
(1) does not confer upon a guardian the power to access:
(A) the content of an electronic communication;
(B) a catalogue of electronic communications; or
(C) any other digital asset;
of a protected person unless a court expressly confers the power upon the guardian under IC 29-3-9-4.1; and
(2) confers upon a guardian the power to access:
(A) the content of an electronic communication;
(B) a catalogue of electronic communications; or
(C) any other digital asset;
of a protected person only to the extent that the court expressly confers the power upon the guardian under IC 29-3-9-4.1.
(c) For purposes of section 8 of this chapter, a power expressly conferred by a court upon a guardian under IC 29-3-9-4.1 is considered an additional responsibility and power within the meaning of section 8(a)(1) of this chapter.
As added by P.L.137-2016, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-1. Appointment

Sec. 1. A court in a proceeding under this article may appoint a volunteer advocates for seniors and incapacitated adults program.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.2; P.L.72-2010, SEC.5; P.L.4-2020, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-2. Progress Reports; Final Report

Sec. 2. A volunteer advocates for seniors and incapacitated adults program shall submit to the court:
(1) a progress report thirty (30) days after the date of appointment describing:
(A) the matters required by the court; and
(B) the:
(i) current physical and mental condition;
(ii) residential placement;
(iii) person centered care plan; and
(iv) property, and any property related issues;
of the senior or the incapacitated adult;
(2) a progress report sixty (60) days after the date of appointment:
(A) describing the matters required by the court; and
(B) that includes a verified inventory describing the property, and any property related issues, of the incapacitated adult or senior;
(3) a progress report or final report ninety (90) days after the date of appointment:
(A) describing the matters required by the court;
(B) describing the person centered care plan; and
(C) making recommendations to the court as to whether the need continues to exist for the appointment of a guardian of the incapacitated adult or senior;
(4) an annual progress report on the anniversary date of the appointment if the appointment of the volunteer advocate is continued by the court for more than one (1) year:
(A) describing the matters required by the court;
(B) describing the:
(i) current physical and mental condition;
(ii) residential placement;
(iii) person centered care plan; and
(iv) property, and any property related issues;
of the senior or the incapacitated adult; and
(C) making recommendations to the court as to whether the need continues to exist for the appointment of a guardian of the incapacitated adult or senior; and
(5) upon the death of the incapacitated person, a final report and financial accounting:
(A) describing the incapacitated person's:
(i) final physical and mental condition;
(ii) cause of death;
(iii) last residential placement; and
(iv) final burial arrangements;
(B) stating the actions taken by the program regarding the:
(i) person's care and custody; and
(ii) preservation of the person's property;
(C) making recommendations to the court to close the guardianship of the person; and
(D) containing all other matters required by the court.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.3; P.L.72-2010, SEC.6; P.L.4-2020, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-3. Duties

Sec. 3. (a) A volunteer advocates for seniors and incapacitated adults program shall:
(1) serve as a guardian to represent and protect the best interests of an incapacitated person or senior including the person's property;
(2) investigate and gather information regarding the health, welfare, and financial circumstances of the incapacitated person or senior, as directed by a court;
(3) facilitate and authorize health care, social welfare, and residential placement services as needed by the incapacitated person or senior;
(4) advocate for the rights of the incapacitated person or senior;
(5) facilitate legal representation for the incapacitated person or senior;
(6) provide the court with the required reports under section 2 of this chapter; and
(7) perform any other responsibilities required by the court.
(b) A volunteer advocates for seniors and incapacitated adults program has the duties of the guardian of a minor listed in IC 29-3-8-1 and IC 29-3-8-3.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.4; P.L.72-2010, SEC.7; P.L.4-2020, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-4. Actions a Volunteer Advocate for Seniors and Incapacitated Adults May Take

Sec. 4. (a) A volunteer advocates for seniors and incapacitated adults program may:
(1) consent to health care (as defined in IC 16-36-1-1) and other professional care and treatment for the incapacitated person's or senior's health and welfare;
(2) secure the appointment of a guardian or coguardian in another state;
(3) take custody of the incapacitated person or senior and establish the incapacitated person's or senior's residence within Indiana or another state in accordance with IC 29-3-9-2;
(4) institute proceedings or take other appropriate action to compel the performance by any person of a duty to support the incapacitated person's or senior's health or welfare;
(5) protect and preserve the property of the incapacitated person or senior and preserve any property in excess of the incapacitated person's or senior's current needs;
(6) delegate to the incapacitated person or senior certain responsibilities for decisions affecting the incapacitated person's or senior's business affairs and well-being; and
(7) petition the court to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of an incapacitated person as provided under IC 29-3-9-12.2.
(b) A volunteer advocates for seniors and incapacitated adults program may exercise the powers of a guardian of a minor listed in IC 29-3-8-2 and IC 29-3-8-4.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.5; P.L.72-2010, SEC.8; P.L.83-2014, SEC.3; P.L.4-2020, SEC.8.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-5. Term of Appointment

Sec. 5. (a) If a court appoints a volunteer advocates for seniors and incapacitated adults program, the initial appointment shall be for a period of ninety (90) days.
(b) After the initial ninety (90) day period, the court may, upon petition by the volunteer advocates for seniors and incapacitated adults program or upon the court's own motion, extend the appointment for a period as determined by the court to be necessary to protect the best interests and property of the incapacitated person or senior.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.6; P.L.72-2010, SEC.9; P.L.4-2020, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-6. Officer of the Court

Sec. 6. A volunteer advocates for seniors and incapacitated adults program is considered an officer of the court for the purpose of representing the interests of an incapacitated person or senior.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.7; P.L.72-2010, SEC.10; P.L.4-2020, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-7. Attorney Appointment

Sec. 7. The court may appoint an attorney to represent a volunteer advocate for seniors and incapacitated adults.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.8; P.L.4-2020, SEC.11.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-8. Civil Immunity

Sec. 8. Except for gross misconduct:
(1) a volunteer advocate for seniors and incapacitated adults program that;
(2) an employee of a volunteer advocates for seniors and incapacitated adults program who; or
(3) a volunteer for a volunteer advocates for seniors and incapacitated adults program who;
performs duties in good faith is immune from any civil liability resulting from the program's, employee's, or volunteer's performance.
As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.9; P.L.4-2020, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-9. Repealed

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.10; P.L.72-2010, SEC.11. Repealed by P.L.4-2020, SEC.13.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-9.5. Application of Responsibilities and Powers of Guardians

Sec. 9.5. IC 29-3-8-5 through IC 29-3-8-8 apply to a volunteer advocates for seniors and incapacitated adults program under this chapter.
As added by P.L.72-2010, SEC.12. Amended by P.L.4-2020, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-10. Petitions for Reasonable Compensation

Sec. 10. (a) A volunteer advocates for seniors and incapacitated adults program may petition the court for reasonable compensation for services provided or for expenditures made in good faith on behalf of the incapacitated adult or senior.
(b) A court may grant reasonable compensation or expenditure reimbursement to a volunteer advocates for seniors and incapacitated adults program upon the court's own motion.
As added by P.L.72-2010, SEC.13. Amended by P.L.4-2020, SEC.15.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-11. Joint or Multiple County Programs

Sec. 11. (a) Courts with probate jurisdiction that are located in adjacent counties may establish joint or multiple county volunteer advocates for seniors and incapacitated adults programs.
(b) Courts with probate jurisdiction may contract with an Indiana nonprofit or municipal corporation to provide volunteer advocates for seniors and incapacitated adults programs.
As added by P.L.72-2010, SEC.14. Amended by P.L.4-2020, SEC.16.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults › 29-3-8.5-12. Programs of Nonprofit Corporations

Sec. 12. (a) A volunteer advocates for seniors and incapacitated adults program that is a program of an Indiana nonprofit corporation must establish policies and procedures to avoid a conflict of interest if the nonprofit corporation is also a provider of other necessary services to the incapacitated individual.
(b) A volunteer advocates for seniors and incapacitated adults program to which subsection (a) applies shall advise the court of the policies and procedures established to avoid a conflict of interest in the petition to the court for guardianship of the incapacitated individual.
As added by P.L.72-2010, SEC.15. Amended by P.L.4-2020, SEC.17.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 9. Matters Other Than Appointment › 29-3-9-2. Change in Physical Presence of Protected Person

Sec. 2. A guardian (other than a temporary guardian) or a volunteer advocate for seniors and incapacitated adults appointed under IC 29-3-8.5 may, with the approval of and under such conditions as may be imposed by the court after notice and hearing, change the physical presence of the protected person to another place in Indiana or to another state if the court finds that such a change is in the best interests of the protected person. Upon such a change, the guardianship may be limited or terminated by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.41-2004, SEC.3; P.L.11-2006, SEC.11; P.L.4-2020, SEC.18.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 9. Matters Other Than Appointment › 29-3-9-3. Compensation and Reimbursement of Guardian

Sec. 3. A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for reasonable expenditures made in good faith on behalf of the protected person.
As added by P.L.169-1988, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 9. Matters Other Than Appointment › 29-3-9-4.1. Guardian Access to Protected Person's Digital Assets Upon Authorization of Court

Sec. 4.1. (a) After notice to interested persons and upon authorization of a court, a guardian may access:
(1) the content of an electronic communication;
(2) a catalogue of electronic communications; or
(3) any other digital asset;
of a protected person as provided in the order of the court. The court's authorization may apply generally or be restricted in scope.
(b) Before approving a guardian's exercise of the power to access an item described in subsection (a)(1) through (a)(3), the court shall consider primarily the decision that the protected person would have made, to the extent that the decision the protected person would have made can be ascertained.
As added by P.L.137-2016, SEC.7.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.