IC 29-3-12
    Chapter 12. Termination of Guardianships and Protective Orders

IC 29-3-12-1
Conditions for termination of guardianship; effect of terminationon guardianship powers
    Sec. 1. (a) Unless the protected person has been adjudicated anincapacitated person, the court shall terminate the guardianship of aminor upon:
        (1) the minor's attaining eighteen (18) years of age; or
        (2) the minor's death.
The court may terminate the guardianship of a minor upon theminor's adoption or marriage.
    (b) The court shall terminate the guardianship of an incapacitatedperson upon:
        (1) adjudication by the court that the protected person is nolonger an incapacitated person; or
        (2) the death of the protected person.
    (c) The court may terminate any guardianship if:
        (1) the guardianship property does not exceed the value of threethousand five hundred dollars ($3,500);
        (2) the guardianship property is reduced to three thousand fivehundred dollars ($3,500);
        (3) the domicile or physical presence of the protected person ischanged to another state and a guardian has been appointed forthe protected person and the protected person's property in thatstate; or
        (4) the guardianship is no longer necessary for any other reason.
    (d) When a guardianship terminates otherwise than by the deathof the protected person, the powers of the guardian cease, except thatthe guardian may pay the claims and expenses of administration thatare approved by the court and exercise other powers that arenecessary to complete the performance of the guardian's trust,including payment and delivery of the remaining property for whichthe guardian is responsible to:
        (1) the protected person;
        (2) in the case of an unmarried minor, to a person having careand custody of the minor with whom the minor resides;
        (3) a trust approved by the court, including a trust created by theguardian, in which:
            (A) the protected person is the sole beneficiary of the trust;and
            (B) the terms of the trust satisfy the requirements of Section2503(c) of the Internal Revenue Code and the regulationsunder that Section;
        (4) a custodian under the Uniform Transfers to Minors Act (IC30-2-8.5); or
        (5) another responsible person as the court orders.
    (e) When a guardianship terminates by reason of the death of theprotected person, the powers of the guardian cease, except that the

guardian may pay the expenses of administration that are approvedby the court and exercise other powers that are necessary to completethe performance of the guardian's trust and may deliver the remainingproperty for which the guardian is responsible to the protectedperson's personal representative or to a person who presents theguardian with an affidavit under IC 29-1-8-1 or IC 29-2-1-2. Ifapproved by the court, the guardian may pay directly the following:
        (1) Reasonable funeral and burial expenses of the protectedperson.
        (2) Reasonable expenses of the protected person's last illness.
        (3) The protected person's federal and state taxes.
        (4) Any statutory allowances payable to the protected person'ssurviving spouse or surviving children.
        (5) Any other obligations of the protected person.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.12; P.L.95-2007, SEC.14.

IC 29-3-12-2
Mandatory termination of protective order
    Sec. 2. The court shall terminate a protective order if:
        (1) the protective order has expired by its terms; or
        (2) the protective order is no longer necessary for any otherreason.
As added by P.L.169-1988, SEC.1.

IC 29-3-12-3
Minimum period to maintain incapacitated person status; petitionto terminate guardianship or protective order; penalty
    Sec. 3. An order adjudicating a person as an incapacitated personmay specify a minimum period, not exceeding one (1) year, duringwhich a petition for an adjudication that the protected person is nolonger an incapacitated person may not be filed without courtapproval. Subject to that restriction, the protected person or any otherperson may petition for an order that the protected person is nolonger an incapacitated person and for termination of theguardianship or protective order. A request for an order may also bemade informally to the court. Any person who knowingly interfereswith transmission of the request is guilty of contempt of court.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.80.

IC 29-3-12-4
Removal, resignation, or death of guardian; final accounting;appointment of successor; effect of removal on validity ofguardian's acts
    Sec. 4. (a) The court may remove a guardian on its own motion oron petition of the protected person or any person interested in theguardianship, after notice and hearing, on the same grounds and inthe same manner as is provided under IC 29-1-10-6 for the removalof a personal representative. The court may accept the resignation of

a guardian. Upon the death of the guardian, the guardian's personalrepresentative shall submit a final account of guardianship to thecourt in accordance with IC 29-3-9-6. Upon the resignation orremoval of the guardian, the guardian shall give a final accounting tothe court.
    (b) If the appointment of a successor guardian is required, thecourt shall appoint a qualified successor guardian to succeed to thetitle, powers, and duties of the predecessor guardian unless otherwiseordered by the court.
    (c) The removal or resignation of a guardian after letters are dulyissued to the guardian does not by itself invalidate the guardian's actsand omissions prior to removal. A final order under IC 29-3-9-6protects the successor guardian and the successor guardian's suretyto the same extent that it protects the successor guardian'spredecessor and surety.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.13.

IC 29-3-12-5
Termination of authority and responsibility of guardian; effect onliability of guardian; court approval
    Sec. 5. The authority and responsibility of a guardian terminate atthe time that the court designates or upon the death, resignation, orremoval of the guardian or upon the termination of the guardianship.The termination for any reason of the authority and responsibility ofthe guardian does not affect the liability of the guardian for prior actsor the obligation to account for the guardian's conduct of theguardian's trust. Resignation of a guardian does not terminate theappointment of the guardian until the guardian's resignation and finalaccount have been approved by the court.
As added by P.L.169-1988, SEC.1.