CHAPTER 11. LIABILITY OF GUARDIANS AND PERSONS ACTING UNDER PROTECTIVE ORDERS
IC 29-3-11
Chapter 11. Liability of Guardians and Persons Acting UnderProtective Orders
IC 29-3-11-1
Protection for persons dealing in good faith with guardian orperson acting under protective order; scope of protection
Sec. 1. (a) A person who in good faith deals with a guardian orperson acting under a protective order is:
(1) protected as if the guardian or person acting under aprotective order properly exercised the power; and
(2) not required to inquire into the existence of the power or thepropriety of its exercise except as to restrictions endorsed onthe letters.
(b) A person who deals with a guardian or person acting under aprotective order in good faith is not bound to see to the properapplication of amounts paid or property delivered to the guardian orperson.
(c) The protection expressed in this section:
(1) extends to any procedural irregularity or jurisdictionaldefect occurring in proceedings under this article; and
(2) is not a substitution for but is in addition to any otherapplicable law, including the laws relating to commercialtransactions and to simplifying transfers of securities byfiduciaries.
As added by P.L.169-1988, SEC.1.
IC 29-3-11-2
Contracts entered into in good faith; personal liability of guardian;liability for acts or omissions; proceeding to determine liability
Sec. 2. (a) Unless otherwise provided in the contract, a guardianor person acting under a protective order is not personally liable ona contract entered into in good faith under the order, unless thatperson fails to reveal that person's representative capacity andidentify that person's capacity in the contract.
(b) Subject to subsection (a), a guardian or person acting under aprotective order is not personally liable to the protected person orothers for any act or omission in good faith or for any act or omissionof the protected person or others acting on behalf of the protectedperson.
(c) The guardian or person acting under a protective order ispersonally liable to the protected person for acts or omissions in thecourse of the administration of the trust of the guardian or personacting under a protective order only for a breach of duty to theprotected person.
(d) Any question of liability of the guardian or person actingunder a protective order personally to the protected person may bedetermined in a proceeding for accounting, surcharge,indemnification, or other appropriate proceeding or action.
As added by P.L.169-1988, SEC.1.
IC 29-3-11-3
Actions between third party and protected person; service ofprocess; suits against guardian or person acting under protectiveorder; substitution of parties
Sec. 3. (a) If a guardian has been appointed, all actions betweenthird persons and the protected person seeking to charge or benefitthe protected person or the protected person's property shall beprosecuted by or against the guardian or person acting under aprotective order to represent the interests of the protected person inthe action. All process relating to that action shall be served on theguardian.
(b) In the case of a claim against the guardian or person actingunder a protective order personally, the guardian or person actingunder the protective order may be sued both as guardian or personacting under the protective order and in the personal capacity of theguardian or person acting under the protective order in the sameaction.
(c) If an action was commenced by or against the protected personbefore the appointment of a guardian for the protected person, theguardian upon appointment shall be substituted as a party for theprotected person. If the appointment of the guardian is terminated,the guardian's successor shall be substituted as a party to the action.If the protected person dies, the protected person's personalrepresentative shall be substituted. If the protected person is nolonger a minor or incapacitated person, the protected person shall besubstituted.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.79.
IC 29-3-11-4
Civil immunity of a guardian
Sec. 4. Except as provided in section 2 of this chapter and exceptfor gross misconduct, a guardian appointed under this article isimmune from any civil liability resulting from the guardian'sperformance.
As added by P.L.41-2004, SEC.4.