reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-2.5. "Conduct a Criminal History Check"

Sec. 2.5. "Conduct a criminal history check" means to:
(1) request:
(A) the state police department to conduct a:
(i) fingerprint based criminal history background check of both national and state records data bases concerning a person who is at least eighteen (18) years of age in accordance with IC 10-13-3-27 and IC 10-13-3-39; or
(ii) national name based criminal history record check (as defined in IC 10-13-3-12.5) of a person who is at least eighteen (18) years of age as provided under IC 10-13-3-27.5; or
(B) if an individual has:
(i) a physical disability that prevents fingerprinting and a person approved by the department of child services who is trained to take fingerprints or a qualified medical practitioner (as defined in IC 31-9-2-100.5) verifies that the individual has a disabling condition that prevents fingerprinting; or
(ii) low quality fingerprints, as a result of age, occupation, or otherwise, that prevent fingerprint results from being obtained and the individual's fingerprints have been rejected the required number of times by automated fingerprint classification equipment or rejected by a person designated by the state police department to examine and classify fingerprints;
the state police department to conduct a national name based criminal history record check (as defined in IC 10-13-3-12.5) or request the state police department to release or allow inspection of a limited criminal history (as defined in IC 10-13-3-11) and the state police in every state the individual has resided in the past five (5) years to release or allow inspection of the individual's criminal history;
(2) collect each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a caseworker, or the department of child services has reason to believe that a person who is fourteen (14) years of age or older, or a person for whom a fingerprint based criminal history background check is required under IC 31, resided within the previous five (5) years;
(3) conduct a check of the national sex offender registry maintained by the United States Department of Justice for all persons who are at least fourteen (14) years of age; and
(4) conduct a check of local law enforcement agency records in every jurisdiction where a person who is at least eighteen (18) years of age has resided within the previous five (5) years unless the department of child services or a court grants an exception to conducting this check.
As added by P.L.104-2015, SEC.4. Amended by P.L.25-2017, SEC.1; P.L.11-2023, SEC.93.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-2.6. "Confidential Health Disclosure Order"

Sec. 2.6. "Confidential health disclosure order", for purposes of IC 29-3-4-1.5, means an order issued by the court under IC 29-3-4-1.5.
As added by P.L.38-2023, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-2.7. "Content of an Electronic Communication"

Sec. 2.7. "Content of an electronic communication" has the meaning set forth in IC 32-39-1-6.
As added by P.L.137-2016, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-3.5. "De Facto Custodian"

Sec. 3.5. "De facto custodian" has the meaning set forth in IC 31-9-2-35.5.
As added by P.L.194-2017, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-5. "Durable Power of Attorney"

Sec. 5. "Durable power of attorney" means a power of attorney that:
(1) is executed by an incapacitated person before that person became an incapacitated person;
(2) provides that the power survives the person's incompetence; and
(3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.57.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-6. "Guardian"

Sec. 6. "Guardian" means a person who is a fiduciary and is appointed by a court to be a guardian or conservator responsible as the court may direct for the person or the property of an incapacitated person or a minor. The term includes a temporary guardian, a limited guardian, and a successor guardian but excludes one who is only a guardian ad litem. The terms guardian and conservator are interchangeable.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.58.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-7. "Guardianship Property"

Sec. 7. "Guardianship property" means the property of an incapacitated person or a minor for which a guardian is responsible.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.59.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-7.2. "Health Care Provider"

Sec. 7.2. "Health care provider", for purposes of section 9.5 of this chapter and IC 29-3-4-1.5, has the meaning set forth in IC 16-18-2-163(a)(1).
As added by P.L.38-2023, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-7.5. "Incapacitated Person"

Sec. 7.5. "Incapacitated person" means an individual who:
(1) cannot be located upon reasonable inquiry;
(2) is unable:
(A) to manage in whole or in part the individual's property;
(B) to provide self-care; or
(C) both;
because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or
(3) has a developmental disability (as defined in IC 12-7-2-61).
As added by P.L.33-1989, SEC.60. Amended by P.L.2-1992, SEC.790.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-7.8. "Less Restrictive Alternatives"

Sec. 7.8. (a) "Less restrictive alternatives" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of the guardian.
(b) Less restrictive alternatives may include, but are not limited to, the following:
(1) A supported decision making agreement (as defined in IC 29-3-14-2).
(2) Appropriate technological assistance.
(3) The appointment of a representative payee.
(4) The appointment of a health care representative (as defined in IC 16-36-1-2).
(5) The creation of a power of attorney (as defined in IC 30-5-2-7).
As added by P.L.68-2019, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-9.5. "Medical Evidence of Capacity or Incapacity"

Sec. 9.5. "Medical evidence of capacity or incapacity", for purposes of IC 29-3-4-1.5, means any evidence that is relevant to determine a person's capacity or incapacity. The term includes admissible written and electronic medical records that:
(1) are maintained by a health care provider in the course of examining, evaluating, or treating an adult individual;
(2) are relevant to the:
(A) health, physical, or mental condition of the adult individual;
(B) ability or capacity of the adult individual to make and carry out decisions to provide for the individual's own self-care or management of the individual's property; or
(C) individual's ability to benefit from or use less restrictive alternatives to guardianship under IC 29-3-5; and
(3) may be admissible as evidence in a hearing held under IC 29-3-4-1.5 if authenticated and identified as a business record or presented in sworn testimony by a licensed health care provider.
As added by P.L.38-2023, SEC.11.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-10. "Minor"

Sec. 10. "Minor" means an individual who is less than eighteen (18) years of age and who is not an emancipated minor.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-12. "Person"

Sec. 12. "Person" means an individual, an organization, an association, a nonprofit corporation, a corporation for profit, a limited liability company, a partnership, a financial institution, a trust, the division of family resources or other governmental entity, or other legal entity.
As added by P.L.169-1988, SEC.1. Amended by P.L.2-1992, SEC.791; P.L.8-1993, SEC.461; P.L.145-2006, SEC.168.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-15.5. "Volunteer Advocate for Seniors and Incapacitated Adults"

Sec. 15.5. "Volunteer advocate for seniors and incapacitated adults" means an individual who:
(1) is a volunteer;
(2) has completed a guardian training program approved by a court;
(3) is supervised by a volunteer advocates for seniors and incapacitated adults program that is appointed by a court to serve as a guardian for a senior or an incapacitated person who is at least eighteen (18) years of age; and
(4) provides reports and makes recommendations to a court.
As added by P.L.11-2006, SEC.1. Amended by P.L.72-2010, SEC.1; P.L.4-2020, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 1. Definitions › 29-3-1-17. "Volunteer Advocates for Seniors and Incapacitated Adults Program"

Sec. 17. "Volunteer advocates for seniors and incapacitated adults program" means:
(1) an Indiana nonprofit or municipal corporation;
(2) a program of an Indiana nonprofit or municipal corporation; or
(3) a program operated by a county or court;
that is appointed by a court to serve as a guardian for a senior or an incapacitated person who is at least eighteen (18) years of age and trains and supervises volunteers in a court approved guardian program for seniors and incapacitated adults and is certified by the Indiana supreme court as a volunteer advocate for seniors and incapacitated adults program.
As added by P.L.72-2010, SEC.3. Amended by P.L.4-2020, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 2. General Provisions › 29-3-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to sections 3 and 4 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to section 1 of this chapter by P.L.217-2001 apply to all proceedings pending under IC 31-34 on July 1, 2001, and to all proceedings commenced under IC 31-34 after June 30, 2001.
As added by P.L.220-2011, SEC.480.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 2. General Provisions › 29-3-2-0.2. Application of Article; Effect of Amendments to Certain Other Statutes

Sec. 0.2. (a) As used in this section, "affected statutes" refers to the following:
(1) IC 16-8-12-7 (repealed, now codified at IC 16-36-1-8).
(2) IC 29-1-7.5-2.
(3) IC 33-16-2-2 (repealed, codified at IC 33-42-2-2, also repealed).
(4) IC 33-19-3-2 (repealed, now codified at IC 33-37-3-2).
(5) IC 35-34-2-3.
(6) IC 35-37-1-5.
(b) This article and the amendments made by P.L.169-1988 to the affected statutes apply to guardianships in existence on June 30, 1989, except to the extent that application of this article and the amendments made by P.L.169-1988 to the affected statutes would contravene any vested or contractual rights in effect on June 30, 1989, in which case the law in effect before July 1, 1989, prevails.
As added by P.L.220-2011, SEC.481. Amended by P.L.128-2017, SEC.11.
2023 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(a)(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; P.L.115-2023, SEC.3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
(9) Consent to the appointment of a special administrator for the purposes of a wrongful death claim.
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; P.L.162-2022, SEC.17.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order › 29-3-5-1.5. Submit Information for Criminal History Check

Sec. 1.5. A petitioner for appointment as a guardian of a minor in a guardianship to which IC 29-3-8-9 applies shall submit the necessary information, forms, or consents for the department of child services to conduct a criminal history check (as defined in IC 31-9-2-22.5) of the petitioner and any other household members before the court appoints the guardian under this chapter or during the guardianship administration.
As added by P.L.104-2015, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order › 29-3-5-2. Appointment of Guardian Before Adjudication of Incapacity or Minority

Sec. 2. A guardian may not be appointed for an incapacitated person or a minor under this chapter until the incapacity or minority has been adjudicated.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order › 29-3-5-3. Findings; Appointment of Guardian; Limited Guardianship; Protective Orders

Sec. 3. (a) Except under subsection (c), if it is alleged and the court finds that:
(1) the individual for whom the guardian is sought is an incapacitated person or a minor; and
(2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor;
the court shall appoint a guardian under this chapter.
(b) If it is alleged and the court finds that the welfare of an incapacitated person would be best served by limiting the scope of the guardianship, the court shall make the appointive or other orders under this chapter to:
(1) encourage development of the incapacitated person's self-improvement, self-reliance, and independence; and
(2) contribute to the incapacitated person's living as normal a life as that person's condition and circumstances permit without psychological or physical harm to the incapacitated person.
(c) If the court finds that it is not in the best interests of the incapacitated person or minor to appoint a guardian, the court may:
(1) treat the petition as one for a protective order and proceed accordingly;
(2) enter any other appropriate order; or
(3) dismiss the proceedings.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.69.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order › 29-3-5-4. Considerations for Appointment of Guardian

Sec. 4. (a) The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following:
(1) Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney under IC 30-5-3-4(a).
(2) Any request made for a minor by:
(A) a parent of the minor; or
(B) a de facto custodian of the minor, including a designation in a power of attorney under IC 30-5-3-4(b) or IC 30-5-3-4(c).
(3) Any request contained in a will or other written instrument.
(4) A designation of a standby guardian under IC 29-3-3-7.
(5) Any request made by a minor who is at least fourteen (14) years of age.
(6) Any request made by the spouse of the alleged incapacitated person.
(7) The relationship of the proposed guardian to the individual for whom guardianship is sought.
(8) Any person acting for the incapacitated person under a durable power of attorney.
(9) The best interest of the incapacitated person or minor and the property of the incapacitated person or minor.
(b) In addition to subsection (a), section 4.1 of this chapter applies when a prospective guardian is a person with a disability.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.7; P.L.149-1991, SEC.3; P.L.190-2016, SEC.39; P.L.194-2017, SEC.7; P.L.146-2021, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order › 29-3-5-4.1. "Disability"; Guardianship

Sec. 4.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102.
(b) In considering the qualifications and suitability of an individual with a disability for appointment as a guardian under section 4 of this chapter, a court:
(1) shall not discriminate against; and
(2) shall take into consideration the provision of reasonable accommodations to;
the individual as provided under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 through 42 U.S.C. 12134), and other applicable state and federal law.
As added by P.L.146-2021, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order › 29-3-5-5. Persons Entitled to Consideration for Appointment as a Guardian

Sec. 5. (a) The following are entitled to consideration for appointment as a guardian under section 4 of this chapter in the order listed:
(1) A person designated in a durable power of attorney.
(2) A person designated as a standby guardian under IC 29-3-3-7.
(3) The spouse of an incapacitated person.
(4) An adult child of an incapacitated person.
(5) A parent of an incapacitated person, or a person nominated by will of a deceased parent of an incapacitated person or by any writing signed by a parent of an incapacitated person and attested to by at least two (2) witnesses, or in a power of attorney of a living parent of an incapacitated person under IC 30-5-3-4(c).
(6) A parent of a minor, a de facto custodian of a minor, or a person nominated:
(A) by will of a deceased parent or a de facto custodian of a minor; or
(B) by a power of attorney of a living parent or a de facto custodian of a minor.
(7) Any person related to an incapacitated person by blood or marriage with whom the incapacitated person has resided for more than six (6) months before the filing of the petition.
(8) A person nominated by the incapacitated person who is caring for or paying for the care of the incapacitated person.
(b) With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian. The court, acting in the best interest of the incapacitated person or minor, may pass over a person having priority and appoint a person having a lower priority or no priority under this section.
(c) In addition to this section, section 4.1 of this chapter applies if a person having equal priority is a person with a disability.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.70; P.L.190-2016, SEC.40; P.L.194-2017, SEC.8; P.L.146-2021, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order › 29-3-5-6. Two or More Minors or Incapacitated Persons; Petition for Appointment of Guardian; Separate Accounting

Sec. 6. When a petition is filed for the appointment of a guardian for two (2) or more minors or incapacitated persons who are children of a common parent, parent and child, or husband and wife, a separate petition need not be filed for each minor or incapacitated person, and appointment of a guardian for all may be considered in one (1) proceeding. A separate accounting is required for each minor or incapacitated person, but an actual segregation of assets is not required except as required by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.71.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 6. Notice of Hearings › 29-3-6-2. Notice; Form and Contents; Copy of Petition to Be Attached

Sec. 2. A copy of the petition shall be attached to the notice, and the notice must be in substantially the following form:
NOTICE
TO: (name and address of person receiving notice)
On (date of hearing) at (time of hearing) in (place of hearing) at (city), Indiana, the (name and address of court) will hold a hearing to determine whether a guardian should be appointed or a protective order should be issued for (name of alleged incapacitated person or minor). A copy of the petition requesting appointment of a guardian or for the issuance of a protective order is attached to this notice.
At the hearing the court will determine whether (name of alleged incapacitated person or minor) is an incapacitated person or minor under Indiana law. This proceeding may substantially affect the rights of (name of alleged incapacitated person or minor).
If the court finds that (name of alleged incapacitated person or minor) is an incapacitated person or minor, the court at the hearing shall also consider whether (name of proposed guardian, if any) should be appointed as guardian of (name of alleged incapacitated person or minor). The court may, in its discretion, appoint some other qualified person as guardian. The court may also, in its discretion, limit the powers and duties of the guardian to allow (name of alleged incapacitated person or minor) to retain control over certain property and activities. The court may also determine whether a protective order should be entered on behalf of (name of alleged incapacitated person or minor).
(Name of alleged incapacitated person) may attend the hearing and be represented by an attorney. The petition may be heard and determined in the absence of (name of alleged incapacitated person) if the court determines that the presence of (name of alleged incapacitated person) is not required. If (name of alleged incapacitated person) attends the hearing, opposes the petition, and is not represented by an attorney, the court may appoint an attorney to represent (name of alleged incapacitated person). The court may, where required, appoint a guardian ad litem to represent (name of alleged incapacitated person or minor) at the hearing.
The court may, on its own motion or on request of any interested person, postpone the hearing to another date and time.
________________________________
(signature of clerk of the court)
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.9; P.L.77-1992, SEC.6; P.L.6-2010, SEC.11; P.L.162-2022, SEC.19.
2023 Indiana Code › Title 29. Probate › Article 3. Guardianships and Protective Proceedings › Chapter 6. Notice of Hearings › 29-3-6-3. Request for Written Notice of Proceedings and Pleadings; Determination of Interest; Failure to Comply With Request

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