IC 29-3-3
    Chapter 3. Proceedings in Lieu of Guardianships

IC 29-3-3-1
Payment of debt owed to minor; delivery of minor's property inpossession of another; use of payment or property
    Sec. 1. (a) Any person indebted to a minor or having possessionof property belonging to a minor in an amount not exceeding tenthousand dollars ($10,000) may pay the debt or deliver the propertywithout the appointment of a guardian, giving of bond, or other orderof court directly to any person having the care and custody of theminor with whom the minor resides.
    (b) Persons receiving property for a minor under this section areobligated to apply the property to the support, use, and benefit of theminor.
    (c) This section does not apply if the person paying or deliveringthe property knows that a guardian has been appointed for the minoror that proceedings for appointment of a guardian for the minor arepending.
    (d) A person who pays or delivers property in accordance withthis section in good faith is not responsible for the proper applicationof that property.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.4; P.L.42-1998, SEC.3; P.L.252-2001, SEC.26.

IC 29-3-3-2
Property of incapacitated person not in excess of $10,000; deposit,delivery, and disposition of property; compensation and expensesof receiver
    Sec. 2. When the entire property of an incapacitated person doesnot exceed the value of ten thousand dollars ($10,000), the courtmay, without the appointment of a guardian, giving of bond, or otherorder of court, authorize:
        (1) the deposit of the property in a depository authorized toreceive fiduciary funds in the name of a suitable persondesignated by the court; or
        (2) if the property does not consist of money, the delivery of theproperty to a suitable person designated by the court.
The person receiving the property shall hold and dispose of theproperty in the manner the court directs and is entitled to reasonablecompensation and to reimbursement for reasonable expensesincurred in good faith on behalf of the incapacitated person andapproved by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.5; P.L.252-2001, SEC.27.

IC 29-3-3-3
Custody of minor by parents; consents, waivers, and powers ofattorney provided by statute or Internal Revenue Code; consent tomedical treatment    Sec. 3. Except as otherwise determined in a dissolution ofmarriage proceeding, a custody proceeding, or in some otherproceeding authorized by law, including a proceeding under section6 of this chapter or another proceeding under this article, and unlessa minor is married, the parents of the minor jointly (or the survivorif one (1) parent is deceased), if not an incapacitated person, have,without the appointment of a guardian, giving of bond, or order orconfirmation of court, the right to custody of the person of the minorand the power to execute the following on behalf of the minor:
        (1) Consent to the application of subsection (c) of Section2032A of the Internal Revenue Code, which imposes personalliability for payment of the tax under that Section.
        (2) Consent to the application of Section 6324A of the InternalRevenue Code, which attaches a lien to property to securepayment of taxes deferred under Section 6166 of the InternalRevenue Code.
        (3) Any other consents, waivers, or powers of attorney providedfor under the Internal Revenue Code.
        (4) Waivers of notice permissible with reference to proceedingsunder IC 29-1.
        (5) Consents, waivers of notice, or powers of attorney under anystatute, including the Indiana inheritance tax law (IC 6-4.1) andthe Indiana adjusted gross income tax law (IC 6-3).
        (6) Consent to unsupervised administration as provided inIC 29-1-7.5.
        (7) Federal and state income tax returns.
        (8) Consent to medical or other professional care, treatment, oradvice for the minor's health and welfare.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.64; P.L.155-1990, SEC.1; P.L.192-2002(ss), SEC.171.

IC 29-3-3-3.5
Custodians of individual retirement accounts
    Sec. 3.5. (a) Except as otherwise determined in a dissolution ofmarriage proceeding, a custody proceeding, or another proceedingauthorized by law, including a proceeding under section 6 of thischapter or another proceeding under this article, and unless a minoris married:
        (1) the parents of the minor jointly or one (1) parent of theminor individually, if both parents are not incapacitatedpersons;
        (2) one (1) parent, if one (1) of the parents is an incapacitatedperson; or
        (3) the survivor, if one (1) parent is deceased and if the survivoris not an incapacitated person;
have the right, without the appointment of a guardian, giving ofbond, or order or confirmation of court, to act as custodians of anindividual retirement account established for the minor under 26U.S.C. 408.
    (b) IC 30-2-8.5-27(b), IC 30-2-8.5-27(e), and IC 30-2-8.5-28 apply

to this section.
As added by P.L.264-1995, SEC.1.

IC 29-3-3-4
Emergencies; appointment of temporary guardian; suspension ofguardian; exemptions
    Sec. 4. (a) If:
        (1) a guardian has not been appointed for an incapacitatedperson or minor;
        (2) an emergency exists;
        (3) the welfare of the incapacitated person or minor requiresimmediate action; and
        (4) no other person appears to have authority to act in thecircumstances;
the court, on petition by any person or on its own motion, mayappoint a temporary guardian for the incapacitated person or minorfor a specified period not to exceed sixty (60) days. No suchappointment shall be made except after notice and hearing unless itis alleged and found by the court that immediate and irreparableinjury to the person or injury, loss, or damage to the property of thealleged incapacitated person or minor may result before the allegedincapacitated person or minor can be heard in response to thepetition. If a temporary guardian is appointed without notice and thealleged incapacitated person or minor files a petition that theguardianship be terminated or the court order modified, the courtshall hear and determine the petition at the earliest possible time.
    (b) If the court finds that a previously appointed guardian is noteffectively performing fiduciary duties and that the welfare of theprotected person requires immediate action, the court may suspendthe authority of the previously appointed guardian and appoint atemporary guardian for the protected person for any period fixed bythe court. The authority of the previously appointed guardian issuspended as long as a temporary guardian appointed under thissubsection has authority to act.
    (c) A temporary guardian appointed under this section has onlythe responsibilities and powers that are ordered by the court. Thecourt shall order only the powers that are necessary to preventimmediate and substantial injury or loss to the person or property ofthe alleged incapacitated person or minor in an appointment madeunder this section.
    (d) Proceedings under this section are not subject to the provisionsof IC 29-3-4.
    (e) A proceeding under this section may be joined with aproceeding under IC 29-3-4 or IC 29-3-5.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.65; P.L.154-1990, SEC.13.

IC 29-3-3-5
Application for public assistance or transfer; authority of chief ofsocial services at state institution    Sec. 5. The chief of social services (or a person designated by thechief of social services) at any institution under the control of thedivision of mental health and addiction or the division of disabilityand rehabilitative services may execute the necessary documents tomake applications on behalf of a patient in the institution to receivepublic assistance or to transfer the patient to an alternate care facilitywithout the appointment of a guardian or other order of court.
As added by P.L.169-1988, SEC.1. Amended by P.L.2-1992,SEC.793; P.L.1-1993, SEC.214; P.L.40-1994, SEC.74;P.L.215-2001, SEC.105; P.L.141-2006, SEC.110.

IC 29-3-3-6
Surviving parent; custody proceedings; temporary guardian orguardian ad litem; hearing
    Sec. 6. (a) The surviving parent of a minor does not have the rightto custody of the minor without a proceeding authorized by law if theparent was not granted custody of the minor in a dissolution ofmarriage decree and the conditions specified in this section exist.
    (b) If:
        (1) the surviving parent, at the time of the custodial parent'sdeath, had required supervision during parenting time privilegesgranted under a dissolution of marriage decree involving theminor; or
        (2) the surviving parent's parenting time privileges with theminor had been suspended at the time of the death of thecustodial parent;
the court on petition by any person, including a temporary custodiannamed under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), oron the court's own motion, may appoint a temporary guardian for theminor for a specified period not to exceed sixty (60) days.
    (c) If a petition is filed under this section, a court shall appoint aguardian ad litem (as defined in IC 31-9-2-50) or a court appointedspecial advocate (as defined in IC 31-9-2-28) for the child. Aguardian ad litem or court appointed special advocate appointedunder this section serves until removed by the court.
    (d) If a temporary guardian is appointed without notice and theminor files a petition that the guardianship be terminated or the courtorder modified, the court shall hold a hearing and make adetermination on the petition at the earliest possible time.
    (e) A temporary guardian appointed under this section has onlythe responsibilities and powers that are ordered by the court.
    (f) A proceeding under this section may be joined with aproceeding under IC 29-3-4 or IC 29-3-5.
    (g) The court shall appoint a guardian under this article if thecourt finds that the surviving parent is not entitled to the right ofcustody of the minor.
As added by P.L.155-1990, SEC.2. Amended by P.L.1-1993,SEC.215; P.L.1-1997, SEC.119; P.L.68-2005, SEC.7.