IC 29-1-19
Chapter 19. Department of Veterans Affairs
IC 29-1-19-1 Definitions
Sec. 1. As used in this chapter:
"Person" means an individual, a partnership, a limited liability
company, a corporation, or an association.
"Department" refers to the United States Department of Veterans
Affairs.
"Income" means money received from the Department and
revenue or profit from any property wholly or partially acquired
therewith.
"Estate" means income on hand and assets acquired partially or
wholly with "income".
"Benefits" means all money paid or payable by the United States
through the department.
"Protected person" means a beneficiary of the department.
"Guardian" means any fiduciary for the person or estate of a
protected person or a person designated by a protective order issued
under IC 29-3 to act on behalf of a protected person.
"Secretary" refers to the secretary of the department. (Formerly: Acts 1953, c.112, s.2001.) As amended by Acts 1982,
P.L.171, SEC.63; P.L.33-1989, SEC.41; P.L.1-1990, SEC.267;
P.L.8-1993, SEC.460.
IC 29-1-19-2 Party in interest; notice of hearing
Sec. 2. The Secretary shall be a party in interest in any
proceeding:
(1) for the appointment or removal of a guardian;
(2) for the recognition that an individual is no longer a minor or
an incapacitated person (as defined in IC 29-3-1-7.5); and
(3) affecting in any manner the administration by the guardian
of the estate of any present or former protected person whose
estate includes assets derived in whole or in part from benefits
paid at any time by the Department.
Not less than fifteen (15) days before the hearing on the matter,
notice in writing of the time and place of the hearing shall be given
by mail (unless waived in writing) to the office of the Department
having jurisdiction over the area in which the suit or proceeding is
pending. (Formerly: Acts 1953, c.112, s.2002.) As amended by P.L.33-1989,
SEC.42.
IC 29-1-19-3 Appointment of guardian
Sec. 3. Whenever, pursuant to any law of the United States or
regulation of the department, it is necessary, prior to payment of
benefits, that a guardian be appointed, the appointment may be made
in the manner provided in this chapter. (Formerly: Acts 1953, c.112, s.2003.) As amended by P.L.1-1990,
SEC.268.
IC 29-1-19-4
Repealed
(Repealed by Acts 1971, P.L.412, SEC.1.)
IC 29-1-19-5 Petition for appointment
Sec. 5. (a) A petition for the appointment of a guardian may be
filed by any relative or friend of the incapacitated person or minor or
by any person who is authorized by law to file such a petition. If
there is no person authorized to file or if the person authorized to file
refuses or fails to file a petition within thirty (30) days after mailing
of notice by the Department to the last known address of the person,
if any, indicating the necessity for the filing of a petition, a petition
for appointment may be filed by any resident of Indiana.
(b) The petition for appointment shall set forth the name, age,
place of residence of the protected person, the name and place of
residence of the nearest relative, if known, and the fact that the
protected person is entitled to receive benefits payable by or through
the Department and shall set forth the amount of money then due and
the amount of probable future payments.
(c) The petition shall also set forth the name and address of the
person or institution, if any, having actual custody of the protected
person and the name, age, relationship, if any, occupation, and
address of the proposed guardian, and, if the nominee is a natural
person, the number of protected persons for whom the nominee is
presently acting as guardian. Notwithstanding any law as to priority
of persons entitled to appointment, or the nomination in the petition,
the court may appoint some other individual or a bank or trust
company as guardian, if the court determines it is for the best interest
of the protected person.
(d) In the case of an incapacitated person the petition shall show
that the person has been rated incapacitated by the Department on
examination in accordance with the laws and regulations governing
the Department. (Formerly: Acts 1953, c.112, s.2005.) As amended by P.L.33-1989,
SEC.43.
IC 29-1-19-6 Appointment of guardian; condition precedent to payment of
veterans' benefits; minor ward
Sec. 6. Where a petition is filed for the appointment of a guardian
for a minor, a certificate of the secretary or the secretary's authorized
representative, setting forth the age of such minor as shown by the
records of the department and the fact that the appointment of a
guardian is a condition precedent to the payment of any moneys due
the minor by the department shall be prima facie evidence of the
necessity for such appointment. (Formerly: Acts 1953, c.112, s.2006.) As amended by P.L.1-1990,
SEC.269.
IC 29-1-19-7 Appointment of guardian; condition precedent to payment of
veterans' benefits; incapacitated person
Sec. 7. Where a petition is filed for the appointment of a guardian
for an incapacitated person, a certificate of the administrator or the
administrator's duly authorized representative that the person has
been rated incompetent or incapacitated by the Department on
examination in accordance with the laws and regulations governing
the Department and that the appointment of a guardian or the
issuance of a protective order is a condition precedent to the payment
of money due the protected person by the Department shall be prima
facie evidence of the necessity for the appointment. (Formerly: Acts 1953, c.112, s.2007.) As amended by P.L.33-1989,
SEC.44.
IC 29-1-19-8 Filing petitions; notice
Sec. 8. Upon the filing of a petition for the appointment of a
guardian or the issuance of a protective order under this article,
notice shall be given to the incapacitated person, and to other persons
and the department by certified mail. (Formerly: Acts 1953, c.112, s.2008.) As amended by Acts 1982,
P.L.171, SEC.64; P.L.33-1989, SEC.45; P.L.95-2007, SEC.12.
IC 29-1-19-9 Bond of guardian
Sec. 9. (a) Upon appointment, a guardian shall execute and file
bond to be approved by the court in an amount not less than the
estimated value of the personal estate and anticipated income of the
protected person during the ensuing year. The bond shall be in the
form and be conditioned as required of guardians appointed under
IC 29-3-7. The court may from time to time require the guardian to
file an additional bond. Any bank or trust company organized under
the laws of the state, or of the United States of America, and
operating a bank or trust company, which is located within Indiana,
which is now acting, or which may act as a guardian under this
chapter, is exempt from furnishing the bond required in this
subsection to the same extent and in the same manner as a bank or
trust company, when acting in a fiduciary capacity, is relieved from
filing a bond under the provisions of IC 28-2-7.
(b) Where a bond is tendered by a guardian with personal sureties,
there shall be at least one (1) or more surety or sureties and the
guardian or sureties shall file with the court a certificate under oath
which shall describe the property owned, both real and personal, and
shall state that each is worth the sum named in the bond as the
penalty thereof over and above all the guardian's debts and liabilities
and the aggregate of other bonds on which the guardian is principal
or surety and exclusive of property exempt from execution. The court
may require additional security or may require a corporate surety
bond, the premium thereon to be paid from the ward's estate. (Formerly: Acts 1953, c.112, s.2009; Acts 1961, c.93, s.1; Acts 1971,
P.L.413, SEC.1.) As amended by Acts 1982, P.L.171, SEC.65;
P.L.33-1989, SEC.46.
IC 29-1-19-10 Accounting by guardian; notice; hearing
Sec. 10. (a) Every guardian who has received or shall receive
money or other things of value from the Department shall file with
the court biennially within thirty (30) days following the anniversary
date of the appointment, in addition to other accounts as required by
the court, a full, true, and accurate account under oath of all money
or other things of value received by the guardian, all earnings,
interest, or profits derived from the estate, all property acquired with
the estate and of all disbursements from the estate, and showing the
balance at the date of the account and how it was invested.
(b) The guardian, at the time of filing any account, shall exhibit
all securities or investments held by the guardian to an officer of the
bank or other depository wherein the securities or investments are
held for safekeeping or to an authorized representative of the
corporation which is surety on the guardian's bond, or to the judge or
clerk of a court in this state, or, upon request of the guardian or other
interested party, to any other reputable person designated by the
court, who shall certify in writing that the person has examined the
securities or investments and identified them with those described in
the account, and shall note any omissions or discrepancies. If the
depository is the guardian, the certifying officer shall not be the
officer verifying the account. The guardian may exhibit the securities
or investments to the judge of the court, who shall endorse on the
account and the copy of the account a certificate that the securities
or investments shown as held by the guardian were each in fact
exhibited to the judge and that those exhibited were the same as
those shown in the account, and noting any omission or discrepancy.
That certificate and the certificate of an official of the bank in which
are deposited any funds for which the guardian is accountable,
showing the amount on deposit, shall be prepared and signed in
duplicate, and one (1) of each shall be filed by the guardian with the
account.
(c) At the time of filing in the court any account, a certified copy
of the account and a signed duplicate of each certificate filed with
the court shall be sent by the guardian to the office of the Department
having jurisdiction over the area in which the court is located. A
signed duplicate or a certified copy of a petition, motion, or other
pleading, pertaining to an account, or to any matter other than an
account, and which is filed in the guardianship proceedings or in any
proceeding for the recognition that an individual is no longer a minor
or an incapacitated person shall be furnished by the person filing the
petition, motion, or pleading to the proper office of the Department.
Unless hearing is waived in writing by the attorney of the
Department, and by all other persons entitled to notice, the court
shall fix a time and place for the hearing on the account, petition,
motion, or other pleading not less than fifteen (15) days nor more
than thirty (30) days from the date filed, unless a different available
date is stipulated in writing. Unless waived in writing, written notice
of the time and place of hearing shall be given the Department office
concerned, the guardian, and any others entitled to notice not less
than fifteen (15) days prior to the date fixed for the hearing. The
notice may be given by mail, in which event it shall be deposited in
the mail not less than fifteen (15) days prior to the date specified.
The court, or clerk of the court, shall mail to the Department office
a copy of each order entered in any guardianship proceeding in
which the administrator is an interested party.
(d) If the guardian is accountable for property derived from
sources other than the Department, the guardian shall be accountable
as required under the applicable law of this state pertaining to the
property of minors or incapacitated persons who are not beneficiaries
of the Department, and the guardian is entitled to the compensation
provided by law for administering the other property. The account
for other property may be combined with the account filed in
accordance with this section. (Formerly: Acts 1953, c.112, s.2010; Acts 1971, P.L.413, SEC.2.) As
amended by P.L.33-1989, SEC.47.
IC 29-1-19-11 Removal of guardian
Sec. 11. If any guardian shall fail to file with the court any
account as required by this article or by an order of the court when
any account is due or within thirty (30) days after citation issues as
provided by law, or shall fail to furnish the department a true copy
of any account, petition, or pleading as required by this article, such
failure may in the discretion of the court be ground for removal. (Formerly: Acts 1953, c.112, s.2011.) As amended by Acts 1982,
P.L.171, SEC.66; P.L.1-1990, SEC.270.
IC 29-1-19-12 Compensation of guardian; liquidation of loans or investments
Sec. 12. (a) Compensation payable to guardians shall:
(1) be based upon services rendered; and
(2) not exceed either five percent (5%) of the amount of moneys
received or such larger amount as may be established by the
court during the period covered by the account.
(b) In the event of extraordinary services by any guardian, the
court, upon petition and hearing thereon, may authorize reasonable
additional compensation for the services. A copy of the petition and
notice of hearing on the petition shall be given the proper office of
the department in the manner provided in the case of hearing on a
guardian's account or other pleading.
(c) No commission or compensation shall be allowed on the
moneys or other assets received from a prior guardian nor upon the
amount received from liquidation of loans or other investments. (Formerly: Acts 1953, c.112, s.2012; Acts 1971, P.L.413, SEC.3.) As
amended by P.L.1-1990, SEC.271.
IC 29-1-19-13 Investment of funds
Sec. 13. Every guardian shall invest the surplus funds of the estate
of the protected person, in which investment the guardian has no
interest, and only as provided in this section:
(1) In bonds or notes constituting the direct and general
obligations of the United States, or of a state that has not at any
time during the ten (10) years next preceding the date of the
investment defaulted in payment of the principal or interest on
any bonds or notes by it issued, or in bonds, the payment of
which, both principal and interest, is guaranteed by the United
States.
(2) In bonds or notes that are the direct and general legal
obligations of a county, city, or town in this state, and which
also at the date of the investment has the power to levy general
taxes sufficient for the payment of principal and interest on the
obligations, if the issuer of the obligation has not defaulted in
payment of principal or interest due upon any of its bonds or
notes at any time during the ten (10) years next preceding the
date of the investment.
(3) After prior order of the court, upon application, in the
legally issued notes or bonds of the owner of improved
unencumbered real property in this state, secured by first
mortgage or deed of trust. The total debt secured by the
encumbrance may not exceed fifty percent (50%) of the cash
market value of the real property at the time of the investment,
and, if buildings or other improvements constitute a material
part of the value of the premises encumbered to secure the
indebtedness, they shall be kept insured against loss or damage
by fire, in a reasonable amount for the benefit of the owners of
the notes or bonds. Before making any investment, a signed
application shall be procured from the borrower, that shall
contain the information required by the lender, and that shall
contain a complete description of the real estate, including
improvements and an affirmative statement that the proposed
borrower is the owner of the entire fee simple title to the real
estate and improvements, that they are free of every
encumbrance or lien of any character, or if not, a statement of
any existing encumbrance or other liens, and specific
authorization to the lender to withhold from the proposed loan
the necessary sum to discharge and procure the release of any
encumbrances or other liens. The release shall be procured and
filed for record prior to or contemporaneously with the making
of the loan. The proposed borrower shall also furnish with the
application an abstract or certificate of title, which shall be
completed to the time of closing the loan. The guardian
proposing to make a loan or purchase any notes or bonds shall
exhibit to the court with the application for approval the opinion
of a qualified attorney at law, satisfactory to the court, which
opinion shall show that the attorney has examined the title or
certificate of title and that it is the opinion of the attorney that
the proposed borrower has good title to the property to be
encumbered, and that the proposed encumbrance will constitute
a first lien on the property. In addition, the guardian shall file
with the court satisfactory written evidence that the cash market
value of the property to be encumbered is in accordance with
the requirements of this subsection. If the guardian purchases
notes or bonds previously issued, the attorney's examination and
opinion shall also disclose whether the proposed transferor has
and will pass to the guardian good title together with the liens
securing the notes or bonds. Except loans insured by the federal
housing administrator, the guardian is not authorized to loan or
invest money upon the security of a real estate mortgage or trust
deed which secures any principal indebtedness other than to the
protected person's estate, and in the case of a minor the maturity
of any indebtedness to the minor secured by real estate
mortgage or trust deed shall not be later than the date on which
the minor will attain the age of majority. Any investment made
by a guardian in any of the securities enumerated shall not be
transferred, liquidated, or disposed of, except upon petition
filed for that purpose and an order of court obtained.
(4) In shares of a federal savings and loan association organized
under the Home Owners' Loan Act of 1933, (12 U.S.C. 1461
through 1468), as in effect on December 31, 1990, or any
building or savings and loan association whose principal place
of business is located in Indiana whose accounts are insured by
the Federal Deposit Insurance Corporation as provided in 12
U.S.C. 1811 through 1833e, as in effect on December 31, 1990.
No shares may be purchased in excess of the amount of
insurance protection afforded a member or investor of any such
institution.
(5) In savings deposits in any bank whose principal place of
business is located in Indiana. (Formerly: Acts 1953, c.112, s.2013; Acts 1957, c.223, s.1.) As
amended by Acts 1982, P.L.1, SEC.53; P.L.33-1989, SEC.48;
P.L.8-1991, SEC.32.
IC 29-1-19-14 Support; maintenance; education
Sec. 14. (a) A guardian shall not apply any portion of the income
or the estate for the support or maintenance of any person other than
the protected person, the spouse, and the children under the age of
eighteen (18) years of the protected person, except upon petition to
and prior order of the court after a hearing. A signed duplicate or
certified copy of the petition shall be furnished the proper office of
the Department and notice of hearing shall be given the office as
provided in the case of hearing on a guardian's account or other
pleading.
(b) If the protected person is a child under the age of eighteen (18)
years, and the parents or those standing in loco parentis are able to
care for, maintain, and educate the protected person, neither the
income nor the principal shall be expended for any purpose except
as ordered by the court. (Formerly: Acts 1953, c.112, s.2014; Acts 1973, P.L.287, SEC.11.)
As amended by P.L.33-1989, SEC.49.
IC 29-1-19-15 Real estate acquisition
Sec. 15. (a) The court may authorize the purchase of the entire fee
simple title to real estate in Indiana in which the guardian has no
interest, but only as a home for the ward, or to protect the ward's
interest, or (if the ward is not a minor) as a home for the ward's
dependent family.
(b) Such purchase of real estate shall not be made except upon the
entry of an order of the court after hearing upon verified petition. A
copy of the petition shall be furnished the proper office of the
department and notice of hearing on the petition shall be given the
office as provided in the case of hearing on a guardian's account.
(c) Before authorizing such investment the court shall require
written evidence of value and of title and of the advisability of
acquiring such real estate. Title shall be taken in the ward's name.
(d) This section does not limit the right of the guardian:
(1) on behalf of the ward to bid and to become the purchaser of
real estate at a sale of the real estate pursuant to decree of
foreclosure of lien held by or for the ward, or at a trustee's sale,
to protect the ward's right in the property so foreclosed or sold;
or
(2) if such be necessary to protect the ward's interest and upon
prior order of the court in which the guardianship is pending, to
agree with co-tenants of the ward for a partition in kind, or to
purchase from co-tenants the entire undivided interests held by
them, or to bid and purchase the same at a sale under a partition
decree, or to compromise adverse claims of title to the ward's
realty. (Formerly: Acts 1953, c.112, s.2015.) As amended by P.L.1-1990,
SEC.272.
IC 29-1-19-16 Copies of records; determining eligibility
Sec. 16. When a copy of any public record is required by the
department to be used in determining the eligibility of any person to
participate in benefits made available by the department, the official
custodian of such public record shall without charge provide the
applicant for such benefits or any person acting on the applicant's
behalf or the authorized representative of the department with a
certified copy of such record. (Formerly: Acts 1953, c.112, s.2016.) As amended by P.L.1-1990,
SEC.273.
IC 29-1-19-17 Discharge of guardian
Sec. 17. In addition to any other provisions of law relating to
judicial restoration and discharge of guardian, a certificate by the
Department showing that a minor has attained majority or that the
incapacitated person has been rated competent by the Department
upon examination in accordance with law shall be prima facie
evidence that the minor has attained majority, or the incapacitated
person has recovered competency. Upon hearing after notice as
provided in this chapter and the determination by the court that the
minor has attained majority or the incapacitated person has recovered
competency, an order shall be entered to that effect, and the guardian
shall file a final account within sixty (60) days of such determination.
Upon hearing after notice to the former protected person and to the
Department as in case of other accounts, upon approval of the final
account, and upon delivery to the protected person of the assets due
from the guardian, the guardian shall be discharged and the
guardian's sureties released. (Formerly: Acts 1953, c.112, s.2017; Acts 1971, P.L.413, SEC.4.) As
amended by P.L.33-1989, SEC.50.
IC 29-1-19-18 Application of certain provisions of chapter
Sec. 18. The provisions of this chapter relating to surety bonds
and the administration of estates of protected persons shall apply to
all income and estate as defined in section 1 of this chapter whether
the guardian has been appointed under this chapter or under any
other law of this state, special or general, prior or subsequent to
January 1, 1954. (Formerly: Acts 1953, c.112, s.2018.) As amended by Acts 1982,
P.L.171, SEC.67; P.L.33-1989, SEC.51.
IC 29-1-19
Chapter 19. Department of Veterans Affairs
IC 29-1-19-1 Definitions
Sec. 1. As used in this chapter:
"Person" means an individual, a partnership, a limited liability
company, a corporation, or an association.
"Department" refers to the United States Department of Veterans
Affairs.
"Income" means money received from the Department and
revenue or profit from any property wholly or partially acquired
therewith.
"Estate" means income on hand and assets acquired partially or
wholly with "income".
"Benefits" means all money paid or payable by the United States
through the department.
"Protected person" means a beneficiary of the department.
"Guardian" means any fiduciary for the person or estate of a
protected person or a person designated by a protective order issued
under IC 29-3 to act on behalf of a protected person.
"Secretary" refers to the secretary of the department. (Formerly: Acts 1953, c.112, s.2001.) As amended by Acts 1982,
P.L.171, SEC.63; P.L.33-1989, SEC.41; P.L.1-1990, SEC.267;
P.L.8-1993, SEC.460.
IC 29-1-19-2 Party in interest; notice of hearing
Sec. 2. The Secretary shall be a party in interest in any
proceeding:
(1) for the appointment or removal of a guardian;
(2) for the recognition that an individual is no longer a minor or
an incapacitated person (as defined in IC 29-3-1-7.5); and
(3) affecting in any manner the administration by the guardian
of the estate of any present or former protected person whose
estate includes assets derived in whole or in part from benefits
paid at any time by the Department.
Not less than fifteen (15) days before the hearing on the matter,
notice in writing of the time and place of the hearing shall be given
by mail (unless waived in writing) to the office of the Department
having jurisdiction over the area in which the suit or proceeding is
pending. (Formerly: Acts 1953, c.112, s.2002.) As amended by P.L.33-1989,
SEC.42.
IC 29-1-19-3 Appointment of guardian
Sec. 3. Whenever, pursuant to any law of the United States or
regulation of the department, it is necessary, prior to payment of
benefits, that a guardian be appointed, the appointment may be made
in the manner provided in this chapter. (Formerly: Acts 1953, c.112, s.2003.) As amended by P.L.1-1990,
SEC.268.
IC 29-1-19-4
Repealed
(Repealed by Acts 1971, P.L.412, SEC.1.)
IC 29-1-19-5 Petition for appointment
Sec. 5. (a) A petition for the appointment of a guardian may be
filed by any relative or friend of the incapacitated person or minor or
by any person who is authorized by law to file such a petition. If
there is no person authorized to file or if the person authorized to file
refuses or fails to file a petition within thirty (30) days after mailing
of notice by the Department to the last known address of the person,
if any, indicating the necessity for the filing of a petition, a petition
for appointment may be filed by any resident of Indiana.
(b) The petition for appointment shall set forth the name, age,
place of residence of the protected person, the name and place of
residence of the nearest relative, if known, and the fact that the
protected person is entitled to receive benefits payable by or through
the Department and shall set forth the amount of money then due and
the amount of probable future payments.
(c) The petition shall also set forth the name and address of the
person or institution, if any, having actual custody of the protected
person and the name, age, relationship, if any, occupation, and
address of the proposed guardian, and, if the nominee is a natural
person, the number of protected persons for whom the nominee is
presently acting as guardian. Notwithstanding any law as to priority
of persons entitled to appointment, or the nomination in the petition,
the court may appoint some other individual or a bank or trust
company as guardian, if the court determines it is for the best interest
of the protected person.
(d) In the case of an incapacitated person the petition shall show
that the person has been rated incapacitated by the Department on
examination in accordance with the laws and regulations governing
the Department. (Formerly: Acts 1953, c.112, s.2005.) As amended by P.L.33-1989,
SEC.43.
IC 29-1-19-6 Appointment of guardian; condition precedent to payment of
veterans' benefits; minor ward
Sec. 6. Where a petition is filed for the appointment of a guardian
for a minor, a certificate of the secretary or the secretary's authorized
representative, setting forth the age of such minor as shown by the
records of the department and the fact that the appointment of a
guardian is a condition precedent to the payment of any moneys due
the minor by the department shall be prima facie evidence of the
necessity for such appointment. (Formerly: Acts 1953, c.112, s.2006.) As amended by P.L.1-1990,
SEC.269.
IC 29-1-19-7 Appointment of guardian; condition precedent to payment of
veterans' benefits; incapacitated person
Sec. 7. Where a petition is filed for the appointment of a guardian
for an incapacitated person, a certificate of the administrator or the
administrator's duly authorized representative that the person has
been rated incompetent or incapacitated by the Department on
examination in accordance with the laws and regulations governing
the Department and that the appointment of a guardian or the
issuance of a protective order is a condition precedent to the payment
of money due the protected person by the Department shall be prima
facie evidence of the necessity for the appointment. (Formerly: Acts 1953, c.112, s.2007.) As amended by P.L.33-1989,
SEC.44.
IC 29-1-19-8 Filing petitions; notice
Sec. 8. Upon the filing of a petition for the appointment of a
guardian or the issuance of a protective order under this article,
notice shall be given to the incapacitated person, and to other persons
and the department by certified mail. (Formerly: Acts 1953, c.112, s.2008.) As amended by Acts 1982,
P.L.171, SEC.64; P.L.33-1989, SEC.45; P.L.95-2007, SEC.12.
IC 29-1-19-9 Bond of guardian
Sec. 9. (a) Upon appointment, a guardian shall execute and file
bond to be approved by the court in an amount not less than the
estimated value of the personal estate and anticipated income of the
protected person during the ensuing year. The bond shall be in the
form and be conditioned as required of guardians appointed under
IC 29-3-7. The court may from time to time require the guardian to
file an additional bond. Any bank or trust company organized under
the laws of the state, or of the United States of America, and
operating a bank or trust company, which is located within Indiana,
which is now acting, or which may act as a guardian under this
chapter, is exempt from furnishing the bond required in this
subsection to the same extent and in the same manner as a bank or
trust company, when acting in a fiduciary capacity, is relieved from
filing a bond under the provisions of IC 28-2-7.
(b) Where a bond is tendered by a guardian with personal sureties,
there shall be at least one (1) or more surety or sureties and the
guardian or sureties shall file with the court a certificate under oath
which shall describe the property owned, both real and personal, and
shall state that each is worth the sum named in the bond as the
penalty thereof over and above all the guardian's debts and liabilities
and the aggregate of other bonds on which the guardian is principal
or surety and exclusive of property exempt from execution. The court
may require additional security or may require a corporate surety
bond, the premium thereon to be paid from the ward's estate. (Formerly: Acts 1953, c.112, s.2009; Acts 1961, c.93, s.1; Acts 1971,
P.L.413, SEC.1.) As amended by Acts 1982, P.L.171, SEC.65;
P.L.33-1989, SEC.46.
IC 29-1-19-10 Accounting by guardian; notice; hearing
Sec. 10. (a) Every guardian who has received or shall receive
money or other things of value from the Department shall file with
the court biennially within thirty (30) days following the anniversary
date of the appointment, in addition to other accounts as required by
the court, a full, true, and accurate account under oath of all money
or other things of value received by the guardian, all earnings,
interest, or profits derived from the estate, all property acquired with
the estate and of all disbursements from the estate, and showing the
balance at the date of the account and how it was invested.
(b) The guardian, at the time of filing any account, shall exhibit
all securities or investments held by the guardian to an officer of the
bank or other depository wherein the securities or investments are
held for safekeeping or to an authorized representative of the
corporation which is surety on the guardian's bond, or to the judge or
clerk of a court in this state, or, upon request of the guardian or other
interested party, to any other reputable person designated by the
court, who shall certify in writing that the person has examined the
securities or investments and identified them with those described in
the account, and shall note any omissions or discrepancies. If the
depository is the guardian, the certifying officer shall not be the
officer verifying the account. The guardian may exhibit the securities
or investments to the judge of the court, who shall endorse on the
account and the copy of the account a certificate that the securities
or investments shown as held by the guardian were each in fact
exhibited to the judge and that those exhibited were the same as
those shown in the account, and noting any omission or discrepancy.
That certificate and the certificate of an official of the bank in which
are deposited any funds for which the guardian is accountable,
showing the amount on deposit, shall be prepared and signed in
duplicate, and one (1) of each shall be filed by the guardian with the
account.
(c) At the time of filing in the court any account, a certified copy
of the account and a signed duplicate of each certificate filed with
the court shall be sent by the guardian to the office of the Department
having jurisdiction over the area in which the court is located. A
signed duplicate or a certified copy of a petition, motion, or other
pleading, pertaining to an account, or to any matter other than an
account, and which is filed in the guardianship proceedings or in any
proceeding for the recognition that an individual is no longer a minor
or an incapacitated person shall be furnished by the person filing the
petition, motion, or pleading to the proper office of the Department.
Unless hearing is waived in writing by the attorney of the
Department, and by all other persons entitled to notice, the court
shall fix a time and place for the hearing on the account, petition,
motion, or other pleading not less than fifteen (15) days nor more
than thirty (30) days from the date filed, unless a different available
date is stipulated in writing. Unless waived in writing, written notice
of the time and place of hearing shall be given the Department office
concerned, the guardian, and any others entitled to notice not less
than fifteen (15) days prior to the date fixed for the hearing. The
notice may be given by mail, in which event it shall be deposited in
the mail not less than fifteen (15) days prior to the date specified.
The court, or clerk of the court, shall mail to the Department office
a copy of each order entered in any guardianship proceeding in
which the administrator is an interested party.
(d) If the guardian is accountable for property derived from
sources other than the Department, the guardian shall be accountable
as required under the applicable law of this state pertaining to the
property of minors or incapacitated persons who are not beneficiaries
of the Department, and the guardian is entitled to the compensation
provided by law for administering the other property. The account
for other property may be combined with the account filed in
accordance with this section. (Formerly: Acts 1953, c.112, s.2010; Acts 1971, P.L.413, SEC.2.) As
amended by P.L.33-1989, SEC.47.
IC 29-1-19-11 Removal of guardian
Sec. 11. If any guardian shall fail to file with the court any
account as required by this article or by an order of the court when
any account is due or within thirty (30) days after citation issues as
provided by law, or shall fail to furnish the department a true copy
of any account, petition, or pleading as required by this article, such
failure may in the discretion of the court be ground for removal. (Formerly: Acts 1953, c.112, s.2011.) As amended by Acts 1982,
P.L.171, SEC.66; P.L.1-1990, SEC.270.
IC 29-1-19-12 Compensation of guardian; liquidation of loans or investments
Sec. 12. (a) Compensation payable to guardians shall:
(1) be based upon services rendered; and
(2) not exceed either five percent (5%) of the amount of moneys
received or such larger amount as may be established by the
court during the period covered by the account.
(b) In the event of extraordinary services by any guardian, the
court, upon petition and hearing thereon, may authorize reasonable
additional compensation for the services. A copy of the petition and
notice of hearing on the petition shall be given the proper office of
the department in the manner provided in the case of hearing on a
guardian's account or other pleading.
(c) No commission or compensation shall be allowed on the
moneys or other assets received from a prior guardian nor upon the
amount received from liquidation of loans or other investments. (Formerly: Acts 1953, c.112, s.2012; Acts 1971, P.L.413, SEC.3.) As
amended by P.L.1-1990, SEC.271.
IC 29-1-19-13 Investment of funds
Sec. 13. Every guardian shall invest the surplus funds of the estate
of the protected person, in which investment the guardian has no
interest, and only as provided in this section:
(1) In bonds or notes constituting the direct and general
obligations of the United States, or of a state that has not at any
time during the ten (10) years next preceding the date of the
investment defaulted in payment of the principal or interest on
any bonds or notes by it issued, or in bonds, the payment of
which, both principal and interest, is guaranteed by the United
States.
(2) In bonds or notes that are the direct and general legal
obligations of a county, city, or town in this state, and which
also at the date of the investment has the power to levy general
taxes sufficient for the payment of principal and interest on the
obligations, if the issuer of the obligation has not defaulted in
payment of principal or interest due upon any of its bonds or
notes at any time during the ten (10) years next preceding the
date of the investment.
(3) After prior order of the court, upon application, in the
legally issued notes or bonds of the owner of improved
unencumbered real property in this state, secured by first
mortgage or deed of trust. The total debt secured by the
encumbrance may not exceed fifty percent (50%) of the cash
market value of the real property at the time of the investment,
and, if buildings or other improvements constitute a material
part of the value of the premises encumbered to secure the
indebtedness, they shall be kept insured against loss or damage
by fire, in a reasonable amount for the benefit of the owners of
the notes or bonds. Before making any investment, a signed
application shall be procured from the borrower, that shall
contain the information required by the lender, and that shall
contain a complete description of the real estate, including
improvements and an affirmative statement that the proposed
borrower is the owner of the entire fee simple title to the real
estate and improvements, that they are free of every
encumbrance or lien of any character, or if not, a statement of
any existing encumbrance or other liens, and specific
authorization to the lender to withhold from the proposed loan
the necessary sum to discharge and procure the release of any
encumbrances or other liens. The release shall be procured and
filed for record prior to or contemporaneously with the making
of the loan. The proposed borrower shall also furnish with the
application an abstract or certificate of title, which shall be
completed to the time of closing the loan. The guardian
proposing to make a loan or purchase any notes or bonds shall
exhibit to the court with the application for approval the opinion
of a qualified attorney at law, satisfactory to the court, which
opinion shall show that the attorney has examined the title or
certificate of title and that it is the opinion of the attorney that
the proposed borrower has good title to the property to be
encumbered, and that the proposed encumbrance will constitute
a first lien on the property. In addition, the guardian shall file
with the court satisfactory written evidence that the cash market
value of the property to be encumbered is in accordance with
the requirements of this subsection. If the guardian purchases
notes or bonds previously issued, the attorney's examination and
opinion shall also disclose whether the proposed transferor has
and will pass to the guardian good title together with the liens
securing the notes or bonds. Except loans insured by the federal
housing administrator, the guardian is not authorized to loan or
invest money upon the security of a real estate mortgage or trust
deed which secures any principal indebtedness other than to the
protected person's estate, and in the case of a minor the maturity
of any indebtedness to the minor secured by real estate
mortgage or trust deed shall not be later than the date on which
the minor will attain the age of majority. Any investment made
by a guardian in any of the securities enumerated shall not be
transferred, liquidated, or disposed of, except upon petition
filed for that purpose and an order of court obtained.
(4) In shares of a federal savings and loan association organized
under the Home Owners' Loan Act of 1933, (12 U.S.C. 1461
through 1468), as in effect on December 31, 1990, or any
building or savings and loan association whose principal place
of business is located in Indiana whose accounts are insured by
the Federal Deposit Insurance Corporation as provided in 12
U.S.C. 1811 through 1833e, as in effect on December 31, 1990.
No shares may be purchased in excess of the amount of
insurance protection afforded a member or investor of any such
institution.
(5) In savings deposits in any bank whose principal place of
business is located in Indiana. (Formerly: Acts 1953, c.112, s.2013; Acts 1957, c.223, s.1.) As
amended by Acts 1982, P.L.1, SEC.53; P.L.33-1989, SEC.48;
P.L.8-1991, SEC.32.
IC 29-1-19-14 Support; maintenance; education
Sec. 14. (a) A guardian shall not apply any portion of the income
or the estate for the support or maintenance of any person other than
the protected person, the spouse, and the children under the age of
eighteen (18) years of the protected person, except upon petition to
and prior order of the court after a hearing. A signed duplicate or
certified copy of the petition shall be furnished the proper office of
the Department and notice of hearing shall be given the office as
provided in the case of hearing on a guardian's account or other
pleading.
(b) If the protected person is a child under the age of eighteen (18)
years, and the parents or those standing in loco parentis are able to
care for, maintain, and educate the protected person, neither the
income nor the principal shall be expended for any purpose except
as ordered by the court. (Formerly: Acts 1953, c.112, s.2014; Acts 1973, P.L.287, SEC.11.)
As amended by P.L.33-1989, SEC.49.
IC 29-1-19-15 Real estate acquisition
Sec. 15. (a) The court may authorize the purchase of the entire fee
simple title to real estate in Indiana in which the guardian has no
interest, but only as a home for the ward, or to protect the ward's
interest, or (if the ward is not a minor) as a home for the ward's
dependent family.
(b) Such purchase of real estate shall not be made except upon the
entry of an order of the court after hearing upon verified petition. A
copy of the petition shall be furnished the proper office of the
department and notice of hearing on the petition shall be given the
office as provided in the case of hearing on a guardian's account.
(c) Before authorizing such investment the court shall require
written evidence of value and of title and of the advisability of
acquiring such real estate. Title shall be taken in the ward's name.
(d) This section does not limit the right of the guardian:
(1) on behalf of the ward to bid and to become the purchaser of
real estate at a sale of the real estate pursuant to decree of
foreclosure of lien held by or for the ward, or at a trustee's sale,
to protect the ward's right in the property so foreclosed or sold;
or
(2) if such be necessary to protect the ward's interest and upon
prior order of the court in which the guardianship is pending, to
agree with co-tenants of the ward for a partition in kind, or to
purchase from co-tenants the entire undivided interests held by
them, or to bid and purchase the same at a sale under a partition
decree, or to compromise adverse claims of title to the ward's
realty. (Formerly: Acts 1953, c.112, s.2015.) As amended by P.L.1-1990,
SEC.272.
IC 29-1-19-16 Copies of records; determining eligibility
Sec. 16. When a copy of any public record is required by the
department to be used in determining the eligibility of any person to
participate in benefits made available by the department, the official
custodian of such public record shall without charge provide the
applicant for such benefits or any person acting on the applicant's
behalf or the authorized representative of the department with a
certified copy of such record. (Formerly: Acts 1953, c.112, s.2016.) As amended by P.L.1-1990,
SEC.273.
IC 29-1-19-17 Discharge of guardian
Sec. 17. In addition to any other provisions of law relating to
judicial restoration and discharge of guardian, a certificate by the
Department showing that a minor has attained majority or that the
incapacitated person has been rated competent by the Department
upon examination in accordance with law shall be prima facie
evidence that the minor has attained majority, or the incapacitated
person has recovered competency. Upon hearing after notice as
provided in this chapter and the determination by the court that the
minor has attained majority or the incapacitated person has recovered
competency, an order shall be entered to that effect, and the guardian
shall file a final account within sixty (60) days of such determination.
Upon hearing after notice to the former protected person and to the
Department as in case of other accounts, upon approval of the final
account, and upon delivery to the protected person of the assets due
from the guardian, the guardian shall be discharged and the
guardian's sureties released. (Formerly: Acts 1953, c.112, s.2017; Acts 1971, P.L.413, SEC.4.) As
amended by P.L.33-1989, SEC.50.
IC 29-1-19-18 Application of certain provisions of chapter
Sec. 18. The provisions of this chapter relating to surety bonds
and the administration of estates of protected persons shall apply to
all income and estate as defined in section 1 of this chapter whether
the guardian has been appointed under this chapter or under any
other law of this state, special or general, prior or subsequent to
January 1, 1954. (Formerly: Acts 1953, c.112, s.2018.) As amended by Acts 1982,
P.L.171, SEC.67; P.L.33-1989, SEC.51.
IC 29-1-19
Chapter 19. Department of Veterans Affairs
IC 29-1-19-1 Definitions
Sec. 1. As used in this chapter:
"Person" means an individual, a partnership, a limited liability
company, a corporation, or an association.
"Department" refers to the United States Department of Veterans
Affairs.
"Income" means money received from the Department and
revenue or profit from any property wholly or partially acquired
therewith.
"Estate" means income on hand and assets acquired partially or
wholly with "income".
"Benefits" means all money paid or payable by the United States
through the department.
"Protected person" means a beneficiary of the department.
"Guardian" means any fiduciary for the person or estate of a
protected person or a person designated by a protective order issued
under IC 29-3 to act on behalf of a protected person.
"Secretary" refers to the secretary of the department. (Formerly: Acts 1953, c.112, s.2001.) As amended by Acts 1982,
P.L.171, SEC.63; P.L.33-1989, SEC.41; P.L.1-1990, SEC.267;
P.L.8-1993, SEC.460.
IC 29-1-19-2 Party in interest; notice of hearing
Sec. 2. The Secretary shall be a party in interest in any
proceeding:
(1) for the appointment or removal of a guardian;
(2) for the recognition that an individual is no longer a minor or
an incapacitated person (as defined in IC 29-3-1-7.5); and
(3) affecting in any manner the administration by the guardian
of the estate of any present or former protected person whose
estate includes assets derived in whole or in part from benefits
paid at any time by the Department.
Not less than fifteen (15) days before the hearing on the matter,
notice in writing of the time and place of the hearing shall be given
by mail (unless waived in writing) to the office of the Department
having jurisdiction over the area in which the suit or proceeding is
pending. (Formerly: Acts 1953, c.112, s.2002.) As amended by P.L.33-1989,
SEC.42.
IC 29-1-19-3 Appointment of guardian
Sec. 3. Whenever, pursuant to any law of the United States or
regulation of the department, it is necessary, prior to payment of
benefits, that a guardian be appointed, the appointment may be made
in the manner provided in this chapter. (Formerly: Acts 1953, c.112, s.2003.) As amended by P.L.1-1990,
SEC.268.
IC 29-1-19-4
Repealed
(Repealed by Acts 1971, P.L.412, SEC.1.)
IC 29-1-19-5 Petition for appointment
Sec. 5. (a) A petition for the appointment of a guardian may be
filed by any relative or friend of the incapacitated person or minor or
by any person who is authorized by law to file such a petition. If
there is no person authorized to file or if the person authorized to file
refuses or fails to file a petition within thirty (30) days after mailing
of notice by the Department to the last known address of the person,
if any, indicating the necessity for the filing of a petition, a petition
for appointment may be filed by any resident of Indiana.
(b) The petition for appointment shall set forth the name, age,
place of residence of the protected person, the name and place of
residence of the nearest relative, if known, and the fact that the
protected person is entitled to receive benefits payable by or through
the Department and shall set forth the amount of money then due and
the amount of probable future payments.
(c) The petition shall also set forth the name and address of the
person or institution, if any, having actual custody of the protected
person and the name, age, relationship, if any, occupation, and
address of the proposed guardian, and, if the nominee is a natural
person, the number of protected persons for whom the nominee is
presently acting as guardian. Notwithstanding any law as to priority
of persons entitled to appointment, or the nomination in the petition,
the court may appoint some other individual or a bank or trust
company as guardian, if the court determines it is for the best interest
of the protected person.
(d) In the case of an incapacitated person the petition shall show
that the person has been rated incapacitated by the Department on
examination in accordance with the laws and regulations governing
the Department. (Formerly: Acts 1953, c.112, s.2005.) As amended by P.L.33-1989,
SEC.43.
IC 29-1-19-6 Appointment of guardian; condition precedent to payment of
veterans' benefits; minor ward
Sec. 6. Where a petition is filed for the appointment of a guardian
for a minor, a certificate of the secretary or the secretary's authorized
representative, setting forth the age of such minor as shown by the
records of the department and the fact that the appointment of a
guardian is a condition precedent to the payment of any moneys due
the minor by the department shall be prima facie evidence of the
necessity for such appointment. (Formerly: Acts 1953, c.112, s.2006.) As amended by P.L.1-1990,
SEC.269.
IC 29-1-19-7 Appointment of guardian; condition precedent to payment of
veterans' benefits; incapacitated person
Sec. 7. Where a petition is filed for the appointment of a guardian
for an incapacitated person, a certificate of the administrator or the
administrator's duly authorized representative that the person has
been rated incompetent or incapacitated by the Department on
examination in accordance with the laws and regulations governing
the Department and that the appointment of a guardian or the
issuance of a protective order is a condition precedent to the payment
of money due the protected person by the Department shall be prima
facie evidence of the necessity for the appointment. (Formerly: Acts 1953, c.112, s.2007.) As amended by P.L.33-1989,
SEC.44.
IC 29-1-19-8 Filing petitions; notice
Sec. 8. Upon the filing of a petition for the appointment of a
guardian or the issuance of a protective order under this article,
notice shall be given to the incapacitated person, and to other persons
and the department by certified mail. (Formerly: Acts 1953, c.112, s.2008.) As amended by Acts 1982,
P.L.171, SEC.64; P.L.33-1989, SEC.45; P.L.95-2007, SEC.12.
IC 29-1-19-9 Bond of guardian
Sec. 9. (a) Upon appointment, a guardian shall execute and file
bond to be approved by the court in an amount not less than the
estimated value of the personal estate and anticipated income of the
protected person during the ensuing year. The bond shall be in the
form and be conditioned as required of guardians appointed under
IC 29-3-7. The court may from time to time require the guardian to
file an additional bond. Any bank or trust company organized under
the laws of the state, or of the United States of America, and
operating a bank or trust company, which is located within Indiana,
which is now acting, or which may act as a guardian under this
chapter, is exempt from furnishing the bond required in this
subsection to the same extent and in the same manner as a bank or
trust company, when acting in a fiduciary capacity, is relieved from
filing a bond under the provisions of IC 28-2-7.
(b) Where a bond is tendered by a guardian with personal sureties,
there shall be at least one (1) or more surety or sureties and the
guardian or sureties shall file with the court a certificate under oath
which shall describe the property owned, both real and personal, and
shall state that each is worth the sum named in the bond as the
penalty thereof over and above all the guardian's debts and liabilities
and the aggregate of other bonds on which the guardian is principal
or surety and exclusive of property exempt from execution. The court
may require additional security or may require a corporate surety
bond, the premium thereon to be paid from the ward's estate. (Formerly: Acts 1953, c.112, s.2009; Acts 1961, c.93, s.1; Acts 1971,
P.L.413, SEC.1.) As amended by Acts 1982, P.L.171, SEC.65;
P.L.33-1989, SEC.46.
IC 29-1-19-10 Accounting by guardian; notice; hearing
Sec. 10. (a) Every guardian who has received or shall receive
money or other things of value from the Department shall file with
the court biennially within thirty (30) days following the anniversary
date of the appointment, in addition to other accounts as required by
the court, a full, true, and accurate account under oath of all money
or other things of value received by the guardian, all earnings,
interest, or profits derived from the estate, all property acquired with
the estate and of all disbursements from the estate, and showing the
balance at the date of the account and how it was invested.
(b) The guardian, at the time of filing any account, shall exhibit
all securities or investments held by the guardian to an officer of the
bank or other depository wherein the securities or investments are
held for safekeeping or to an authorized representative of the
corporation which is surety on the guardian's bond, or to the judge or
clerk of a court in this state, or, upon request of the guardian or other
interested party, to any other reputable person designated by the
court, who shall certify in writing that the person has examined the
securities or investments and identified them with those described in
the account, and shall note any omissions or discrepancies. If the
depository is the guardian, the certifying officer shall not be the
officer verifying the account. The guardian may exhibit the securities
or investments to the judge of the court, who shall endorse on the
account and the copy of the account a certificate that the securities
or investments shown as held by the guardian were each in fact
exhibited to the judge and that those exhibited were the same as
those shown in the account, and noting any omission or discrepancy.
That certificate and the certificate of an official of the bank in which
are deposited any funds for which the guardian is accountable,
showing the amount on deposit, shall be prepared and signed in
duplicate, and one (1) of each shall be filed by the guardian with the
account.
(c) At the time of filing in the court any account, a certified copy
of the account and a signed duplicate of each certificate filed with
the court shall be sent by the guardian to the office of the Department
having jurisdiction over the area in which the court is located. A
signed duplicate or a certified copy of a petition, motion, or other
pleading, pertaining to an account, or to any matter other than an
account, and which is filed in the guardianship proceedings or in any
proceeding for the recognition that an individual is no longer a minor
or an incapacitated person shall be furnished by the person filing the
petition, motion, or pleading to the proper office of the Department.
Unless hearing is waived in writing by the attorney of the
Department, and by all other persons entitled to notice, the court
shall fix a time and place for the hearing on the account, petition,
motion, or other pleading not less than fifteen (15) days nor more
than thirty (30) days from the date filed, unless a different available
date is stipulated in writing. Unless waived in writing, written notice
of the time and place of hearing shall be given the Department office
concerned, the guardian, and any others entitled to notice not less
than fifteen (15) days prior to the date fixed for the hearing. The
notice may be given by mail, in which event it shall be deposited in
the mail not less than fifteen (15) days prior to the date specified.
The court, or clerk of the court, shall mail to the Department office
a copy of each order entered in any guardianship proceeding in
which the administrator is an interested party.
(d) If the guardian is accountable for property derived from
sources other than the Department, the guardian shall be accountable
as required under the applicable law of this state pertaining to the
property of minors or incapacitated persons who are not beneficiaries
of the Department, and the guardian is entitled to the compensation
provided by law for administering the other property. The account
for other property may be combined with the account filed in
accordance with this section. (Formerly: Acts 1953, c.112, s.2010; Acts 1971, P.L.413, SEC.2.) As
amended by P.L.33-1989, SEC.47.
IC 29-1-19-11 Removal of guardian
Sec. 11. If any guardian shall fail to file with the court any
account as required by this article or by an order of the court when
any account is due or within thirty (30) days after citation issues as
provided by law, or shall fail to furnish the department a true copy
of any account, petition, or pleading as required by this article, such
failure may in the discretion of the court be ground for removal. (Formerly: Acts 1953, c.112, s.2011.) As amended by Acts 1982,
P.L.171, SEC.66; P.L.1-1990, SEC.270.
IC 29-1-19-12 Compensation of guardian; liquidation of loans or investments
Sec. 12. (a) Compensation payable to guardians shall:
(1) be based upon services rendered; and
(2) not exceed either five percent (5%) of the amount of moneys
received or such larger amount as may be established by the
court during the period covered by the account.
(b) In the event of extraordinary services by any guardian, the
court, upon petition and hearing thereon, may authorize reasonable
additional compensation for the services. A copy of the petition and
notice of hearing on the petition shall be given the proper office of
the department in the manner provided in the case of hearing on a
guardian's account or other pleading.
(c) No commission or compensation shall be allowed on the
moneys or other assets received from a prior guardian nor upon the
amount received from liquidation of loans or other investments. (Formerly: Acts 1953, c.112, s.2012; Acts 1971, P.L.413, SEC.3.) As
amended by P.L.1-1990, SEC.271.
IC 29-1-19-13 Investment of funds
Sec. 13. Every guardian shall invest the surplus funds of the estate
of the protected person, in which investment the guardian has no
interest, and only as provided in this section:
(1) In bonds or notes constituting the direct and general
obligations of the United States, or of a state that has not at any
time during the ten (10) years next preceding the date of the
investment defaulted in payment of the principal or interest on
any bonds or notes by it issued, or in bonds, the payment of
which, both principal and interest, is guaranteed by the United
States.
(2) In bonds or notes that are the direct and general legal
obligations of a county, city, or town in this state, and which
also at the date of the investment has the power to levy general
taxes sufficient for the payment of principal and interest on the
obligations, if the issuer of the obligation has not defaulted in
payment of principal or interest due upon any of its bonds or
notes at any time during the ten (10) years next preceding the
date of the investment.
(3) After prior order of the court, upon application, in the
legally issued notes or bonds of the owner of improved
unencumbered real property in this state, secured by first
mortgage or deed of trust. The total debt secured by the
encumbrance may not exceed fifty percent (50%) of the cash
market value of the real property at the time of the investment,
and, if buildings or other improvements constitute a material
part of the value of the premises encumbered to secure the
indebtedness, they shall be kept insured against loss or damage
by fire, in a reasonable amount for the benefit of the owners of
the notes or bonds. Before making any investment, a signed
application shall be procured from the borrower, that shall
contain the information required by the lender, and that shall
contain a complete description of the real estate, including
improvements and an affirmative statement that the proposed
borrower is the owner of the entire fee simple title to the real
estate and improvements, that they are free of every
encumbrance or lien of any character, or if not, a statement of
any existing encumbrance or other liens, and specific
authorization to the lender to withhold from the proposed loan
the necessary sum to discharge and procure the release of any
encumbrances or other liens. The release shall be procured and
filed for record prior to or contemporaneously with the making
of the loan. The proposed borrower shall also furnish with the
application an abstract or certificate of title, which shall be
completed to the time of closing the loan. The guardian
proposing to make a loan or purchase any notes or bonds shall
exhibit to the court with the application for approval the opinion
of a qualified attorney at law, satisfactory to the court, which
opinion shall show that the attorney has examined the title or
certificate of title and that it is the opinion of the attorney that
the proposed borrower has good title to the property to be
encumbered, and that the proposed encumbrance will constitute
a first lien on the property. In addition, the guardian shall file
with the court satisfactory written evidence that the cash market
value of the property to be encumbered is in accordance with
the requirements of this subsection. If the guardian purchases
notes or bonds previously issued, the attorney's examination and
opinion shall also disclose whether the proposed transferor has
and will pass to the guardian good title together with the liens
securing the notes or bonds. Except loans insured by the federal
housing administrator, the guardian is not authorized to loan or
invest money upon the security of a real estate mortgage or trust
deed which secures any principal indebtedness other than to the
protected person's estate, and in the case of a minor the maturity
of any indebtedness to the minor secured by real estate
mortgage or trust deed shall not be later than the date on which
the minor will attain the age of majority. Any investment made
by a guardian in any of the securities enumerated shall not be
transferred, liquidated, or disposed of, except upon petition
filed for that purpose and an order of court obtained.
(4) In shares of a federal savings and loan association organized
under the Home Owners' Loan Act of 1933, (12 U.S.C. 1461
through 1468), as in effect on December 31, 1990, or any
building or savings and loan association whose principal place
of business is located in Indiana whose accounts are insured by
the Federal Deposit Insurance Corporation as provided in 12
U.S.C. 1811 through 1833e, as in effect on December 31, 1990.
No shares may be purchased in excess of the amount of
insurance protection afforded a member or investor of any such
institution.
(5) In savings deposits in any bank whose principal place of
business is located in Indiana. (Formerly: Acts 1953, c.112, s.2013; Acts 1957, c.223, s.1.) As
amended by Acts 1982, P.L.1, SEC.53; P.L.33-1989, SEC.48;
P.L.8-1991, SEC.32.
IC 29-1-19-14 Support; maintenance; education
Sec. 14. (a) A guardian shall not apply any portion of the income
or the estate for the support or maintenance of any person other than
the protected person, the spouse, and the children under the age of
eighteen (18) years of the protected person, except upon petition to
and prior order of the court after a hearing. A signed duplicate or
certified copy of the petition shall be furnished the proper office of
the Department and notice of hearing shall be given the office as
provided in the case of hearing on a guardian's account or other
pleading.
(b) If the protected person is a child under the age of eighteen (18)
years, and the parents or those standing in loco parentis are able to
care for, maintain, and educate the protected person, neither the
income nor the principal shall be expended for any purpose except
as ordered by the court. (Formerly: Acts 1953, c.112, s.2014; Acts 1973, P.L.287, SEC.11.)
As amended by P.L.33-1989, SEC.49.
IC 29-1-19-15 Real estate acquisition
Sec. 15. (a) The court may authorize the purchase of the entire fee
simple title to real estate in Indiana in which the guardian has no
interest, but only as a home for the ward, or to protect the ward's
interest, or (if the ward is not a minor) as a home for the ward's
dependent family.
(b) Such purchase of real estate shall not be made except upon the
entry of an order of the court after hearing upon verified petition. A
copy of the petition shall be furnished the proper office of the
department and notice of hearing on the petition shall be given the
office as provided in the case of hearing on a guardian's account.
(c) Before authorizing such investment the court shall require
written evidence of value and of title and of the advisability of
acquiring such real estate. Title shall be taken in the ward's name.
(d) This section does not limit the right of the guardian:
(1) on behalf of the ward to bid and to become the purchaser of
real estate at a sale of the real estate pursuant to decree of
foreclosure of lien held by or for the ward, or at a trustee's sale,
to protect the ward's right in the property so foreclosed or sold;
or
(2) if such be necessary to protect the ward's interest and upon
prior order of the court in which the guardianship is pending, to
agree with co-tenants of the ward for a partition in kind, or to
purchase from co-tenants the entire undivided interests held by
them, or to bid and purchase the same at a sale under a partition
decree, or to compromise adverse claims of title to the ward's
realty. (Formerly: Acts 1953, c.112, s.2015.) As amended by P.L.1-1990,
SEC.272.
IC 29-1-19-16 Copies of records; determining eligibility
Sec. 16. When a copy of any public record is required by the
department to be used in determining the eligibility of any person to
participate in benefits made available by the department, the official
custodian of such public record shall without charge provide the
applicant for such benefits or any person acting on the applicant's
behalf or the authorized representative of the department with a
certified copy of such record. (Formerly: Acts 1953, c.112, s.2016.) As amended by P.L.1-1990,
SEC.273.
IC 29-1-19-17 Discharge of guardian
Sec. 17. In addition to any other provisions of law relating to
judicial restoration and discharge of guardian, a certificate by the
Department showing that a minor has attained majority or that the
incapacitated person has been rated competent by the Department
upon examination in accordance with law shall be prima facie
evidence that the minor has attained majority, or the incapacitated
person has recovered competency. Upon hearing after notice as
provided in this chapter and the determination by the court that the
minor has attained majority or the incapacitated person has recovered
competency, an order shall be entered to that effect, and the guardian
shall file a final account within sixty (60) days of such determination.
Upon hearing after notice to the former protected person and to the
Department as in case of other accounts, upon approval of the final
account, and upon delivery to the protected person of the assets due
from the guardian, the guardian shall be discharged and the
guardian's sureties released. (Formerly: Acts 1953, c.112, s.2017; Acts 1971, P.L.413, SEC.4.) As
amended by P.L.33-1989, SEC.50.
IC 29-1-19-18 Application of certain provisions of chapter
Sec. 18. The provisions of this chapter relating to surety bonds
and the administration of estates of protected persons shall apply to
all income and estate as defined in section 1 of this chapter whether
the guardian has been appointed under this chapter or under any
other law of this state, special or general, prior or subsequent to
January 1, 1954. (Formerly: Acts 1953, c.112, s.2018.) As amended by Acts 1982,
P.L.171, SEC.67; P.L.33-1989, SEC.51.
