CHAPTER 8. RESPONSIBILITIES AND POWERS OF GUARDIAN
IC 29-3-8
Chapter 8. Responsibilities and Powers of Guardian
IC 29-3-8-1
Enumerated responsibilities of guardian
Sec. 1. (a) The guardian of a minor (other than a temporaryguardian) has all of the responsibilities and authority of a parent and,unless otherwise ordered by the court, is responsible for thepreservation of all the minor's property regardless of where theproperty is located. In addition and without limitation, the guardian:
(1) must be or shall become sufficiently acquainted with theminor and maintain sufficient contact with the minor to knowof the minor's capabilities, disabilities, limitations, needs,opportunities, and physical and mental health;
(2) shall, upon termination of the guardianship, comply with theapplicable provisions of IC 29-3-12;
(3) to the extent the available parental income and property areinsufficient to fulfill the parental obligation of support to theminor, shall apply the guardianship income and, to the extentthe guardianship income is insufficient, the principal of theguardianship property to the minor's current needs for support,and protect and conserve that portion of the minor's propertythat is in excess of the minor's current needs;
(4) shall report the physical and mental condition of the minorto the court as ordered by the court; and
(5) has any other responsibilities that the court may order.
(b) The guardian (other than a temporary guardian) of anincapacitated person is responsible for the incapacitated person's careand custody and for the preservation of the incapacitated person'sproperty to the extent ordered by the court. In addition and withoutlimitation, the guardian of an incapacitated person:
(1) has, with respect to the incapacitated person, the sameresponsibilities as those of a guardian of a minor enumerated insubsection (a)(1), (a)(3), and (a)(4);
(2) shall, upon termination of the guardianship, comply with theapplicable provisions of IC 29-3-12; and
(3) has any other responsibilities that the court may order.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.10.
IC 29-3-8-2
Powers which guardian may exercise
Sec. 2. (a) The guardian of a minor may exercise all of the powersrequired to perform the guardian's responsibilities, including thefollowing:
(1) The power to receive property payable to the minor or theminor's parent, guardian, or custodian from any source,including any statutory benefit, insurance system, or privatecontract, devise, trust, or custodianship.
(2) The power to take custody of the person of the minor and
establish the minor's place of abode within or without Indianaif in accordance with IC 29-3-9-2.
(3) The power to institute proceedings or take other appropriateaction to compel the performance by any person of a duty tosupport the minor or to pay for the minor's education, health, orwelfare.
(4) The power to consent to medical or other professional careand treatment for the minor's health and welfare.
(5) The power to consent to the marriage or adoption of theminor.
(6) If reasonable, the power to delegate to the minor certainresponsibilities for decisions affecting the minor's businessaffairs and well-being.
(7) The power to purchase a home for the minor or the minor'sdependents, to protect the minor's existing home, or to protectthe minor's interest in any real estate in which the minor mayhave an interest, contractual or otherwise, or to purchase anyother interest in real property where the court finds the purchaseto be in the minor's best interest.
(8) The powers with respect to the guardianship property as aregranted to a guardian under section 4 of this chapter withrespect to guardianship property.
(9) The power to bind all or any part of the guardianshipproperty in a transaction for the benefit of the minor unless thethird party dealing with the guardian is acting in bad faith.
(10) If the minor has no living parent, other than a parent whois an incapacitated person, the powers granted to the parent ofa minor under IC 29-3-3-3(1) through IC 29-3-3-3(8).
(b) The guardian (other than a temporary guardian) of anincapacitated person has all of the powers to perform the guardian'sresponsibilities, including the powers with respect to theincapacitated person and the incapacitated person's propertyregardless of where the property is located, that are granted to theguardian of a minor enumerated in subsection (a)(1) through (a)(9).
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.11.
IC 29-3-8-3
Mandatory responsibilities of guardian
Sec. 3. A guardian (other than a temporary guardian) shall do thefollowing:
(1) Act as a guardian with respect to the guardianship propertyand observe the standards of care and conduct applicable totrustees.
(2) Protect and preserve the property of the protected personsubject to guardianship and secure the protective orders or otherorders that are required to protect any other property of theprotected person.
(3) Conserve any property of the protected person in excess ofthe protected person's current needs. (4) Encourage self-reliance and independence of the protectedperson.
(5) Consider recommendations relating to the appropriatestandard of support, care, education, and training for theprotected person or the protected person's dependent made bythe protected person's parent.
As added by P.L.169-1988, SEC.1. Amended by P.L.108-1996,SEC.6.
IC 29-3-8-4
Exercise of powers to perform responsibilities; enumeration
Sec. 4. A guardian (other than a temporary guardian) may exerciseall of the powers required to perform the guardian's responsibilities,including the following:
(1) To receive and issue a receipt for property payable to theprotected person or the protected person's parent, guardian, orcustodian from any source, including any statutory benefit,insurance system, or any private contract, devise, trust,guardianship, or custodianship.
(2) If reasonable, to delegate to the protected person certainresponsibilities for decisions affecting the protected person'sbusiness affairs and well-being.
(3) To invest and reinvest the property of the protected personin accordance with powers vested in, and according to thestandards imposed upon, trustees under IC 30-4-3-3(c).
(4) To secure the appointment of a guardian or co-guardian inany other state, when needed, with respect to any part or all ofthe guardianship property located in another state, to conferupon the appointed guardian any or all of the guardian's powersas guardian with respect to the property.
(5) To continue any business of the protected person, whetherin corporate, partnership, or proprietorship form, according tothe rules for continuing the business of a decedent specified inIC 29-1-13-11.
(6) To pay to the person, guardian, department, bureau, oragency having care and custody of the protected person, or tothe protected person if at least fourteen (14) years of age, areasonable amount to be expended for the support of theprotected person and the protected person's dependents, withdue regard to the following:
(A) The size of the guardianship property, the probableduration of the guardianship, and the extent to which theprotected person in the future may be self-sufficient and ableto manage the protected person's financial affairs andproperty.
(B) The accustomed standard of living of the protectedperson and the protected person's dependents.
(C) Other funds or sources used for the support of theprotected person and the protected person's dependents.
(7) To distribute income and discretionary amounts of principal
in one (1) or more of the following ways as the guardianbelieves to be in the best interests of the protected person:
(A) Directly to the protected person.
(B) To a guardian of the protected person appointed inanother state.
(C) To a custodian for the protected person underIC 30-2-8.5.
(D) To an adult relative of the protected person.
(E) By expending the money or using the property directlyfor the benefit of the protected person.
(8) To apply the guardianship property to or for the benefit ofany person, including the protected person, in reimbursementfor reasonable expenditures made in good faith on behalf of theprotected person that the guardian might have made, or inadvance for services to be rendered to the protected person if itis reasonable to expect that the services will be performed andadvance payments are reasonably necessary under thecircumstances.
(9) To bind all or any part of the guardianship property in atransaction for the benefit of the protected person, unless thethird party dealing with the guardian is acting in bad faith.
(10) Except as provided in IC 29-3-2-6(d), powers conferredupon trustees and personal representatives respectively byIC 30-4-3-3 and IC 29-1-7.5-3. However, if there is a conflict,the broader power controls.
(11) To exercise on behalf of the protected person powers thatare the same as those granted to the parent of a minor underIC 29-3-3-3.
As added by P.L.169-1988, SEC.1. Amended by P.L.267-1989,SEC.1; P.L.77-1992, SEC.7.
IC 29-3-8-5
Sale or encumbrance of guardianship property; conflicts of interest
Sec. 5. (a) Any:
(1) sale or encumbrance of any part of the property of aprotected person to a guardian or guardian's spouse, agent,attorney, or any corporation, trust, or other organization inwhich the guardian has a substantial beneficial interest; or
(2) other transaction involving the property that is affected bya substantial conflict between the interest of the protectedperson and the guardian's personal interest;
is void unless approved by the court.
(b) Every contract, sale, or conveyance executed by a protectedperson is void unless the protected person is a minor, in which eventthe contract, sale, or conveyance is voidable.
As added by P.L.169-1988, SEC.1. Amended by P.L.238-2005,SEC.15.
IC 29-3-8-6
Sale or transfer of guardianship property contrary to terms of
protected person's will; election of devisee
Sec. 6. If:
(1) a guardian sells or transfers during a protected person'slifetime property belonging to the protected person that isspecifically devised to another in a will executed by theprotected person;
(2) the protected person subsequently dies; and
(3) the devised property is consequently not contained in theprotected person's estate following the death of the protectedperson;
the devisee may, at the devisee's option, elect to receive the value ofthe devised property, as valued at the time of death of the protectedperson, as a general devise or the proceeds of the sale or transfer asa specific devise.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.72; P.L.252-2001, SEC.28.
IC 29-3-8-6.5
Severance of property jointly owned with rights of survivorship oruse of the assets of a multiple party account
Sec. 6.5. (a) If:
(1) a guardian takes possession of property that is:
(A) jointly owned by or titled in the names of the protectedperson and another person with rights of survivorship; or
(B) owned as a multiple party account with another personas joint owner or beneficiary;
(2) the guardian:
(A) severs the joint ownership of the property; or
(B) uses the assets of the multiple party account; and
(3) the protected person subsequently dies while the otherperson is living;
the other person may elect to receive from the protected person'sestate property in an amount determined under subsection (b).
(b) The amount of property the other person described insubsection (a) may elect to receive is determined in STEP THREEof the following formula:
STEP ONE: Subtract:
(A) the value of the severed or used property retained by theother person at the time ownership was severed or used, ifany; from
(B) the value of the joint property or multiple party accountat the time ownership was severed or the assets were used.
STEP TWO: Divide:
(A) the remainder determined under STEP ONE; by
(B) the value of the protected person's property, includingthe jointly held property or multiple party account, at thetime ownership was severed or the assets were used.
STEP THREE: Multiply:
(A) the quotient determined under STEP TWO; by
(B) the value of the deceased protected person's net estate. (c) As used in this section, "multiple party account" refers to bothmultiple party accounts described by IC 32-17-11 and transfer ondeath transfers completed under IC 32-17-14.
As added by P.L.33-1989, SEC.73. Amended by P.L.143-2009,SEC.16.
IC 29-3-8-7
Sale, division, or disposition of property; contracts entered intobefore incapacity; performance by guardian
Sec. 7. If the court finds that:
(1) an incapacitated person who is a protected person did,before the person became an incapacitated person, enter into awritten contract, including a contract for the sale, division, orother disposition of property;
(2) the obligations of the contract have not been fully carriedout; and
(3) the contract was a good and binding contract at the time ofthe making of the contract;
the court shall authorize the guardian of the protected person toperform the contract without notice or hearing unless otherwiseordered by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.74.
IC 29-3-8-8
Limitations on guardian powers
Sec. 8. (a) The court, at the time of appointment or later, on itsown motion or on petition of the protected person or other personapproved by the court, may:
(1) confer upon the guardian any additional responsibilities andpowers;
(2) increase or decrease the bond of the guardian to satisfy therequirements of IC 29-3-7-1; or
(3) limit the responsibilities and powers of the guardianotherwise conferred by this article and create a limitedguardianship.
(b) However, all limitations must be endorsed on the guardian'sletters. Following the same procedure, a limitation may be removedor modified and appropriate revised letters issued.
As added by P.L.169-1988, SEC.1.