CHAPTER 10. CLAIMS AGAINST PROTECTED PERSONS

IC 29-3-10
    Chapter 10. Claims Against Protected Persons

IC 29-3-10-1
Payment of debts incurred on behalf of protected person; paymentof claims; actions against guardian; filing of claims
    Sec. 1. (a) Without prior order of the court, a guardian shall payfrom the guardianship property all indebtedness that the guardian hasreasonably incurred in good faith on behalf of the protected person.
    (b) Upon order of the court, a guardian shall pay from theprotected person's property for which the guardian is responsible anyclaim against the protected person or the protected person's property,that the court determines has merit.
    (c) Claims based on:
        (1) contracts entered into by a guardian in the guardian's officialcapacity;
        (2) obligations arising from ownership or control of theproperty for which the guardian is responsible; or
        (3) acts or omissions in the course of administration of theguardianship;
may be asserted against the guardianship by proceeding against theguardian in the guardian's official capacity, whether or not theguardian is personally liable.
    (d) Any person having a claim against the protected person or theprotected person's property or against the guardian as such may filethe claim with the court at any time before the claim is barred by thestatute of limitations and, upon proof of the claim, procure an orderfor its allowance and payment from the guardianship property.However, if a claim is filed within sixty (60) days before the datethat a protected person attains the age of majority or regainscapacity:
        (1) the claim shall be stayed until the sixty (60) day period haselapsed;
        (2) the protected person shall be substituted as a party; and
        (3) the guardian shall prepare and file the guardian's accountwithout regard to the claim.
As added by P.L.169-1988, SEC.1.