CHAPTER 8. CONSERVATORSHIP OF ESTATE OF MISSING SERVICEMAN OR SEAMAN
IC 29-2-8
Chapter 8. Conservatorship of Estate of Missing Serviceman orSeaman
IC 29-2-8-1
Guardians; appointment; revocation
Sec. 1. Whenever a person (referred to as an absentee) serving inor with the armed forces of the United States, or a person serving asa Merchant Marine of the United States, has been reported or listedas:
(1) missing;
(2) missing in action;
(3) interned in a neutral country; or
(4) beleaguered, besieged, or captured by an enemy;
has an interest in property in Indiana or is a legal resident of Indianaand has not provided an adequate power of attorney authorizinganother to act in regard to the property or interest, a court havingprobate jurisdiction in the county of the absentee's legal domicile orin the county where the property, or a part of the property, is situated,may appoint a guardian to manage the absentee's property, under thesupervision of the court. The guardian may be appointed upon thefiling of a verified petition alleging the facts and showing thenecessity for the management and control of the property of theabsentee made by an interested person, or on the court's own motion,after notice to or the filing of waiver of notice from the presumptiveheirs of the absentee. Within ten (10) days after appointment theguardian shall publish a notice of appointment in a newspaper ofgeneral circulation in the county once each week for three (3) weeksand shall mail a copy of the notice to the absentee addressed to theabsentee's last known address. Any interested person may onapplication to the court require the guardian to show cause why theappointment should not be revoked. If an appointment is revoked, therevocation shall be without prejudice to the rights and interests ofany person who relied upon it in good faith.
(Formerly: Acts 1945, c.35, s.1.) As amended by P.L.33-1989,SEC.52.
IC 29-2-8-2
Guardian bond; powers; removal and substitution
Sec. 2. The court shall have full discretionary authority to appointany suitable person as guardian and may require the guardian to postan adequate surety bond and to make reports as the court may deemnecessary. The guardian shall have the same powers and authority asthe guardian of the property of a minor or incapacitated person (asdefined in IC 29-3-1-7.5) and shall be considered as an officer of thecourt, and shall be subject to removal and substitution for good causeshown.
(Formerly: Acts 1945, c.35, s.2.) As amended by P.L.33-1989,SEC.53.
IC 29-2-8-3
Termination of guardianship; executor or administrator
Sec. 3. Upon petition signed by the absentee, or on petition of anattorney-in-fact acting under an adequate power of attorney grantedby the absentee, the court shall direct the termination of theguardianship and the transfer of all property held to the absentee orto the designated attorney-in-fact. If at any time subsequent to theappointment of a guardian it appears that the absentee has died andan executor or administrator has been appointed for the estate, thecourt shall direct the termination of the guardianship and the transferof all property of the deceased absentee to the executor oradministrator.
(Formerly: Acts 1945, c.35, s.3.) As amended by P.L.33-1989,SEC.54.