IC 29-3-7
    Chapter 7. Qualification and Bonding Requirements for Guardians

IC 29-3-7-1
Guardian's bond; amount; collateral in lieu of sureties on bond;reduced bonds
    Sec. 1. (a) Unless the court finds that a bond is unnecessary andenters an order to that effect, or unless the appointed guardian is abank or trust company (as defined in IC 28-1-1-3), a guardian mustexecute and file a bond relating to the duties of the guardian's office.Unless otherwise directed by the court, the bond must be in anamount that is not less than the amount determined under STEPTHREE of the following STEPS:
        STEP ONE: Enter the aggregate value of the guardianshipproperty.
        STEP TWO: Add to the amount entered under STEP ONE one(1) year's estimated income.
        STEP THREE: From the sum determined under STEP TWOsubtract the value of any property that the guardian, by expresslimitation of power, lacks the power to sell, convey, orencumber without a court order.
    (b) The court, instead of sureties on a bond, may accept othercollateral for the performance of the bond, including a pledge ofsecurities or a mortgage of the land.
    (c) The court may fix the bond at an amount less than thatprovided under subsection (a), but the amount fixed must, in thecourt's opinion, provide adequate protection to the property of theprotected person. In fixing a reduced bond, the court may do any ofthe following:
        (1) Direct the guardian to invest all, or a part of, the propertysubject to the guardian's control in:
            (A) stocks, bonds, or other securities of any corporation,public or private, which are listed or admitted to trading onthe New York Stock Exchange, the American StockExchange, the Midwest Stock Exchange, the Pacific CoastStock Exchange, or any other exchange regulated by theSecurities and Exchange Commission; or
            (B) securities that are obligations issued or guaranteed by theUnited States.
        (2) Direct the guardian to place all, or a part of, the propertysubject to the guardian's control in a savings account. However,the court may require property to be held in a manner thatrequires either the joint authorization of the guardian and theguardian's surety or an order of the court to remove the fundsfrom the account.
        (3) Direct the guardian to transfer all, or a part of, the propertysubject to the guardian's control to a bank or trust companyorganized under the laws of Indiana or of the United States andoperating a bank or trust company located within Indiana toadminister the estate as an agent for the guardian.        (4) Direct the guardian to:
            (A) transfer any or all stocks, bonds, and securities subjectto the guardian's control only after obtaining an order of thecourt directing the transfer; and
            (B) require that notice of this restriction on the transfer ofsuch stocks, bonds, and securities be placed upon thecertificates evidencing those stocks, bonds, and securities.
        (5) Direct the guardian to comply with all, part, or anycombination of the requisites specified in subdivisions (1)through (4).
        (6) Direct the guardian to take any other action that the courtdetermines necessary to provide adequate protection to theproperty of the protected person.
As added by P.L.169-1988, SEC.1.

IC 29-3-7-2
Bond requirements; liability; consent to jurisdiction; proceedingsagainst sureties
    Sec. 2. (a) The following requirements apply to all bonds onwhich the guardian is primary obligor:
        (1) Unless otherwise provided by the terms of the bond, suretiesare jointly and severally liable with the primary obligor andwith each other.
        (2) By executing the bond, the surety consents to thejurisdiction of the court that issued letters in any proceedingpertaining to the fiduciary duties of the primary obligor andnaming the surety as a party respondent. Notice of anyproceeding under this article must be delivered to the surety ormailed by registered or certified mail to the address listed withthe court at the place where the bond is filed and to the addressas then known to the petitioner.
        (3) On petition of a successor to the primary obligor or anyinterested person, a proceeding may be intitiated against asurety for breach of the obligation of the bond of the primaryobligor.
        (4) The bond is not void after the first recovery but may beproceeded against from time to time until the whole penalty isexhausted.
    (b) No proceeding may be commenced against the surety on anymatter as to which an action or proceeding against the primaryobligor is barred by adjudication or limitation.
As added by P.L.169-1988, SEC.1.

IC 29-3-7-3
Letters of guardianship
    Sec. 3. (a) Letters of guardianship, temporary or otherwise, shallbe issued to the person entitled to receive them when:
        (1) the guardian, if an individual, has filed bond if required andtaken and subscribed before the clerk or any other officerauthorized to administer oaths, an oath or affirmation that the

guardian will faithfully discharge the duties of the guardian'strust according to law; or
        (2) the guardian, if other than an individual, has filed bond ifrequired and has:
            (A) taken and subscribed before the clerk or any otherofficer authorized to administer oaths an oath or affirmationthat it will faithfully discharge the duties of its trustaccording to law; and
            (B) filed an acceptance of the appointment, duly executedand acknowledged by one (1) of its officers.
    (b) The oath, and if other than an individual also the acceptance,shall be filed and recorded as a part of the proceedings of theguardianship.
    (c) If the court limits or restricts the authority of the guardian orcreates a limited guardianship, the letters must so state underIC 29-3-8.
As added by P.L.169-1988, SEC.1.

IC 29-3-7-4
Acceptance of appointment as submission to personal jurisdiction
    Sec. 4. By accepting appointment, a guardian and the guardian'sattorney submit personally to the jurisdiction of the court in anyproceeding relating to the guardianship.
As added by P.L.169-1988, SEC.1.

IC 29-3-7-5
Guardianship property; possession by guardian; transfer ofproperty interest; process against property
    Sec. 5. (a) A guardian shall take possession of the guardianshipproperty, title to which shall remain in the protected person subjectto the right of the guardian to possess and dispose of the property asprovided by law.
    (b) The interest of the protected person in guardianship propertyis not transferable or assignable by the protected person. Anattempted transfer or assignment by the protected person, thoughineffective to affect property rights, may generate a claim underIC 29-3-10.
    (c) The property referred to in subsections (a) through (b) is notsubject to levy, garnishment, or similar process other than an orderissued in a proceeding on a claim under IC 29-3-10.
As added by P.L.169-1988, SEC.1.

IC 29-3-7-6
Evidence of possessory and disposition rights in guardianshipproperty; real property of guardianship; filing of letters ofappointment or termination orders
    Sec. 6. (a) Letters are evidence that the guardian has all, and theprotected person does not have any, rights to possess and dispose ofthe guardianship property. An order terminating a guardianship isevidence that the protected person has all, and the guardian does not

have any, rights to possess and dispose of the guardianship property.
    (b) Subject to the requirements of general statutes governing thefiling or recordation of documents of title to real estate, letters, andorders terminating the same may be filed or recorded in the countywhere the real estate in question is located to give record notice ofrights of possession and disposal as between the guardian and theprotected person.
As added by P.L.169-1988, SEC.1.

IC 29-3-7-7
Persons prohibited from being appointed or from serving as aguardian
    Sec. 7. A court may not appoint a person to serve as the guardianor permit a person to continue to serve as a guardian if the person:
        (1) is a sexually violent predator (as described inIC 35-38-1-7.5);
        (2) was at least eighteen (18) years of age at the time of theoffense and was convicted of child molesting (IC 35-42-4-3) orsexual misconduct with a minor (IC 35-42-4-9) against a childless than sixteen (16) years of age:
            (A) by using or threatening the use of deadly force;
            (B) while armed with a deadly weapon; or
            (C) that resulted in serious bodily injury; or
        (3) was less than eighteen (18) years of age at the time of theoffense and was convicted as an adult of:
            (A) an offense described in:
                (i) IC 35-42-4-1;
                (ii) IC 35-42-4-2;
                (iii) IC 35-42-4-3 as a Class A or Class B felony;
                (iv) IC 35-42-4-5(a)(1);
                (v) IC 35-42-4-5(a)(2);
                (vi) IC 35-42-4-5(a)(3);
                (vii) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
                (viii) IC 35-42-4-5(b)(2); or
                (ix) IC 35-42-4-5(b)(3) as a Class A or Class B felony;
            (B) an attempt or conspiracy to commit a crime listed inclause (A); or
            (C) a crime under the laws of another jurisdiction, includinga military court, that is substantially equivalent to any of theoffenses listed in clauses (A) and (B).
As added by P.L.131-2009, SEC.5.