CHAPTER 6. NOTICE OF HEARINGS
IC 29-3-6
Chapter 6. Notice of Hearings
IC 29-3-6-1
Notice of petition and hearing; persons to whom notice must begiven; waiver of notice
Sec. 1. (a) When a petition for appointment of a guardian or forthe issuance of a protective order is filed with the court, notice of thepetition and the hearing on the petition shall be given by first classpostage prepaid mail as follows:
(1) If the petition is for the appointment of a successorguardian, notice shall be given unless the court, for good causeshown, orders that notice is not necessary.
(2) If the petition is for the appointment of a temporaryguardian, notice shall be given as required by IC 29-3-3-4(a).
(3) If the subject of the petition is a minor, notice of the petitionand the hearing on the petition shall be given to the followingpersons whose whereabouts can be determined upon reasonableinquiry:
(A) The minor, if at least fourteen (14) years of age, unlessthe minor has signed the petition.
(B) Any living parent of the minor, unless parental rightshave been terminated by a court order.
(C) Any person alleged to have had the principal care andcustody of the minor during the sixty (60) days preceding thefiling of the petition.
(D) Any other person that the court directs.
(4) If it is alleged that the person is an incapacitated person,notice of the petition and the hearing on the petition shall begiven to the following persons whose whereabouts can bedetermined upon reasonable inquiry:
(A) The alleged incapacitated person, the allegedincapacitated person's spouse, and the alleged incapacitatedperson's adult children, or if none, the alleged incapacitatedperson's parents.
(B) Any person who is serving as a guardian for, or who hasthe care and custody of, the alleged incapacitated person.
(C) In case no person other than the incapacitated person isnotified under clause (A), at least one (1) of the personsmost closely related by blood or marriage to the allegedincapacitated person.
(D) Any person known to the petitioner to be serving as thealleged incapacitated person's attorney-in-fact under adurable power of attorney.
(E) Any other person that the court directs.
Notice is not required under this subdivision if the person to benotified waives notice or appears at the hearing on the petition.
(b) Whenever a petition (other than one for the appointment of aguardian or for the issuance of a protective order) is filed with thecourt, notice of the petition and the hearing on the petition shall be
given to the following persons, unless they appear or waive notice:
(1) The guardian.
(2) Any other persons that the court directs, including thefollowing:
(A) Any department, bureau, agency, or political subdivisionof the United States or of this state that makes or awardscompensation, pension, insurance, or other allowance for thebenefit of an alleged incapacitated person.
(B) Any department, bureau, agency, or political subdivisionof this state that may be charged with the supervision,control, or custody of an alleged incapacitated person.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.8; P.L.95-2007, SEC.13; P.L.143-2009, SEC.15.
IC 29-3-6-2
Notice; form and contents; copy of petition to be attached
Sec. 2. A copy of the petition shall be attached to the notice, andthe notice must be in substantially the following form:
NOTICE
TO: (name and address of person receiving notice)
On (date of hearing) at (time of hearing) in (place of hearing) at(city), Indiana, the (name and address of court) will hold a hearing todetermine whether a guardian should be appointed or a protectiveorder should be issued for (name of alleged incapacitated person orminor). A copy of the petition requesting appointment of a guardianor for the issuance of a protective order is attached to this notice.
At the hearing the court will determine whether (name of allegedincapacitated person or minor) is an incapacitated person or minorunder Indiana law. This proceeding may substantially affect therights of (name of alleged incapacitated person or minor).
If the court finds that (name of alleged incapacitated person orminor) is an incapacitated person or minor, the court at the hearingshall also consider whether (name of proposed guardian, if any)should be appointed as guardian of (name of alleged incapacitatedperson or minor). The court may, in its discretion, appoint someother qualified person as guardian. The court may also, in itsdiscretion, limit the powers and duties of the guardian to allow (nameof alleged incapacitated person or minor) to retain control overcertain property and activities. The court may also determine whethera protective order should be entered on behalf of (name of allegedincapacitated person or minor).
(Name of alleged incapacitated person) may attend the hearingand be represented by an attorney. The petition may be heard anddetermined in the absence of (name of alleged incapacitated person)if the court determines that the presence of (name of allegedincapacitated person) is not required. If (name of allegedincapacitated person) attends the hearing, opposes the petition, andis not represented by an attorney, the court may appoint an attorneyto represent (name of alleged incapacitated person). The court may,where required, appoint a guardian ad litem to represent (name of
alleged incapacitated person or minor) at the hearing.
The court may, on its own motion or on request of any interestedperson, postpone the hearing to another date and time.
_________________________________
(signature of clerk of the court)
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.9; P.L.77-1992, SEC.6; P.L.6-2010, SEC.11.
IC 29-3-6-3
Request for written notice of proceedings and pleadings;determination of interest; failure to comply with request
Sec. 3. (a) At any time after the appointment of a guardian or theissuance of a protective order, any person may, in person or by theperson's attorney, serve upon the guardian or the guardian's attorney,and file with the clerk of the court where the proceedings arepending, a written request together with a written admission or proofof service stating that the person desires written notice of all hearingsand copies of all pleadings or other papers in connection with:
(1) the settlement of accounts;
(2) the sale, mortgage, lease, or exchange of any property of theprotected person;
(3) allowances of any nature payable from the protectedperson's property;
(4) the investment of funds of the protected person;
(5) the removal, suspension, or discharge of the guardian;
(6) the final termination of the guardianship; or
(7) any other notice or matter as specified in the request.
The applicant requesting special notice must include in the writtenrequest the applicant's post office address or that of the applicant'sattorney. The court may determine that any person requesting noticeunder this section has no interest in the proceeding, either generallyor with respect to a particular matter, and is not entitled to the noticerequested. Unless the court otherwise directs, upon filing the request,the guardian or the guardian's attorney shall comply with the request.
(b) Failure to comply with a request for notice under this sectiondoes not affect the validity of the proceeding.
As added by P.L.169-1988, SEC.1.