CHAPTER 9. MATTERS OTHER THAN APPOINTMENT
IC 29-3-9
Chapter 9. Matters Other Than Appointment
IC 29-3-9-1
Delegation of powers; exercise of powers under power of attorney
Sec. 1. (a) By a properly executed power of attorney, a parent ofa minor or a guardian (other than a temporary guardian) of aprotected person may delegate to another person for:
(1) any period during which the care and custody of the minoror protected person is entrusted to an institution furnishing care,custody, education, or training; or
(2) a period not exceeding twelve (12) months;
any powers regarding support, custody, or property of the minor orprotected person, except the power to consent to the marriage oradoption of a protected person who is a minor.
(b) A person having a power of attorney executed undersubsection (a) has and shall exercise, for the period during which thepower is effective, all other authority of the parent or guardianrespecting the support, custody, or property of the minor or protectedperson except any authority expressly excluded in the writteninstrument delegating the power. However, the parent or guardianremains responsible for any act or omission of the person having thepower of attorney with respect to the affairs, property, and person ofthe minor or protected person as though the power of attorney hadnever been executed.
(c) Except as otherwise stated in the power of attorney delegatingpowers under this section, a delegation of powers under this sectionmay be revoked by a written instrument of revocation that:
(1) identifies the power of attorney revoked; and
(2) is signed by the:
(A) parent of a minor; or
(B) guardian of a protected person;
who executed the power of attorney.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.75; P.L.101-2008, SEC.7.
IC 29-3-9-2
Change in physical presence of protected person
Sec. 2. A guardian (other than a temporary guardian), a volunteeradvocate for seniors, or a volunteer advocate for incapacitated adultsappointed under IC 29-3-8.5 may, with the approval of and undersuch conditions as may be imposed by the court after notice andhearing, change the physical presence of the protected person toanother place in Indiana or to another state if the court finds that sucha change is in the best interests of the protected person. Upon sucha change, the guardianship may be limited or terminated by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.41-2004, SEC.3;P.L.11-2006, SEC.11.
IC 29-3-9-3 Compensation and reimbursement of guardian
Sec. 3. A guardian is entitled to reasonable compensation forservices as guardian and to reimbursement for reasonableexpenditures made in good faith on behalf of the protected person.
As added by P.L.169-1988, SEC.1.
IC 29-3-9-4
Repealed
(Repealed by P.L.6-2010, SEC.40.)
IC 29-3-9-4.5
Estate planning
Sec. 4.5. (a) After notice to interested persons and uponauthorization of the court, a guardian may, if the protected person hasbeen found by the court to lack testamentary capacity, do any of thefollowing:
(1) Make gifts.
(2) Exercise any power with respect to transfer on death orpayable on death transfers that is described in IC 30-5-5-7.5.
(3) Convey, release, or disclaim contingent and expectantinterests in property, including marital property rights and anyright of survivorship incident to joint tenancy or tenancy by theentireties.
(4) Exercise or release a power of appointment.
(5) Create a revocable or irrevocable trust of all or part of theproperty of the estate, including a trust that extends beyond theduration of the guardianship.
(6) Revoke or amend a trust that is revocable by the protectedperson.
(7) Exercise rights to elect options and change beneficiariesunder insurance policies, retirement plans, and annuities.
(8) Surrender an insurance policy or annuity for its cash value.
(9) Exercise any right to an elective share in the estate of theprotected person's deceased spouse.
(10) Renounce or disclaim any interest by testate or intestatesuccession or by transfer inter vivos.
(b) Before approving a guardian's exercise of a power listed insubsection (a), the court shall consider primarily the decision that theprotected person would have made, to the extent that the decision ofthe protected person can be ascertained. If the protected person hasa will, the protected person's distribution of assets under the will isprima facie evidence of the protected person's intent. The court shallalso consider:
(1) the financial needs of the protected person and the needs ofindividuals who are dependent on the protected person forsupport;
(2) the interests of creditors;
(3) the possible reduction of income taxes, estate taxes,inheritance taxes, or other federal, state, or local tax liabilities;
(4) the eligibility of the protected person for governmental
assistance;
(5) the protected person's previous pattern of giving or level ofsupport;
(6) the protected person's existing estate plan, if any;
(7) the protected person's life expectancy and the probabilitythat the guardianship will terminate before the protectedperson's death; and
(8) any other factor the court considers relevant.
(c) A guardian may examine and receive, at the expense of theguardian, copies of the following documents of the protected person:
(1) A will.
(2) A trust.
(3) A power of attorney.
(4) A health care appointment.
(5) Any other estate planning document.
As added by P.L.6-2010, SEC.12.
IC 29-3-9-5
Inventory of guardianship property
Sec. 5. (a) Within ninety (90) days after appointment, a guardian(other than a temporary guardian) shall file with the court a completeinventory of the property subject to the guardian's control togetherwith an oath or affirmation that the inventory is believed to becomplete and accurate as far as information permits. A temporaryguardian shall file the inventory and oath or affirmation with thecourt within thirty (30) days after appointment. The inventory mustconform to the requirements of IC 29-1-12-1. The guardian shallprovide a copy of the inventory to the protected person if theprotected person is at least fourteen (14) years of age. A copy alsoshall be provided to any guardian, parent, or person with whom theprotected person resides and any other person ordered by the court.In addition, the guardian shall provide notice of the filing of theinventory to each person that was required to be notified of thehearing on the petition to establish the guardianship. The notice mustbe provided in the same manner as the notice of the hearing toestablish a guardianship. The notice must include all of thefollowing:
(1) The cause number.
(2) A statement that Indiana law requires a guardian to file withthe court a written verified account of the guardian'sadministration:
(A) at least biennially, not more than thirty (30) days afterthe anniversary date of the guardian's appointment; and
(B) not more than thirty (30) days after the termination ofthe appointment.
(3) A statement that the inventory and the written verifiedaccounts may be inspected at the court's address.
(b) The guardian shall keep suitable records of the guardian'sadministration and exhibit the records as ordered by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.265-1995,
SEC.1.
IC 29-3-9-6
Account of administration; filing with court; notice of hearing onaccount; order of discharge; limitation of actions against sureties
Sec. 6. (a) Unless otherwise directed by the court, a guardian(other than a temporary guardian) shall file with the court:
(1) at least biennially, not more than thirty (30) days after theanniversary date of the guardian's appointment; and
(2) not more than thirty (30) days after the termination of theappointment;
a written verified account of the guardian's administration.
(b) A temporary guardian shall file with the court, within thirty(30) days after the termination of the temporary guardian'sappointment, and otherwise as ordered by the court, a writtenverified account of the temporary guardian's administration.
(c) A written verified account required under this section mustinclude the incapacitated person's or minor's current residence and adescription of the condition and circumstances of the incapacitatedperson or minor.
(d) Notice of the hearing of each account of a guardianship shallbe given, unless waived, to the following:
(1) The protected person.
(2) In the case of a protected person who has died, the personalrepresentative of the estate of the protected person, if any.
(3) Any other persons that the court directs.
(e) When an account other than an account in final settlement isfiled, the court may approve the same ex parte, but the account maybe reviewed by the court at any subsequent time and does notbecome final until an account in final settlement is approved by thecourt after notice and hearing.
(f) When notice of hearing has been given under this section, theorder of the court approving the intermediate account or the finalaccount is binding upon all persons.
(g) When a guardian files with the court proper receipts or otherevidence satisfactory to the court showing that the guardian hasdelivered to the appropriate persons all the property for which theguardian is accountable as guardian, the court shall enter an order ofdischarge. The order of discharge operates as a release from theduties of the guardian's office that have not yet terminated andoperates as a bar to any suit against the guardian and the guardian'ssureties, unless the suit is commenced within one (1) year from thedate of the discharge.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.76.
IC 29-3-9-6.5
Accounting standards and procedures
Sec. 6.5. (a) This section applies to an accounting described undersection 6 of this chapter that is filed: (1) in a court that requires an accounting; and
(2) by a guardian for a protected person:
(A) whose:
(i) annual gross income is not more than one hundredeighty-five percent (185%) of the federal income povertylevel as determined annually by the federal Office ofManagement and Budget under 42 U.S.C. 9902; and
(ii) total assets are worth fifteen thousand dollars($15,000) or less; or
(B) who has an annual gross income and total assets of anyamount, if the guardian does not have powers concerning theestate of the protected person.
(b) The court shall establish standards for the type of informationrequired to be reported in an accounting described in subsection (a).
(c) Except as provided in subsection (d), the accounting describedin subsection (a) is not required to be filed by an attorney for theguardian.
(d) The court may order that the guardian hire an attorney to assistthe guardian in filing the accounting described in subsection (a) if thecourt determines that an accounting filed by the guardian does notconform to the standards established by the court under this section.
As added by P.L.265-1995, SEC.2.
IC 29-3-9-7
Compromise of claim; petition to court; settlement
Sec. 7. (a) Whenever it is proposed to compromise any claim byor against a protected person or the protected person's property, thecourt, on petition of the guardian, may enter an order authorizing thecompromise to be made if satisfied that the compromise will be inthe best interest of the protected person.
(b) Whenever a minor has a disputed claim against anotherperson, whether arising in contract, tort, or otherwise, and a guardianfor the minor and the minor's property has not been appointed, theparents of the minor may compromise the claim. However, before thecompromise is valid, it must be approved by the court upon filing ofa petition requesting the court's approval. If the court approves thecompromise, it may direct that the settlement be paid in accordancewith IC 29-3-3-1. If IC 29-3-3-1 is not applicable, the court shallrequire that a guardian be appointed and that the settlement bedelivered to the guardian upon the terms that the court directs.
As added by P.L.169-1988, SEC.1.
IC 29-3-9-8
Supplementary orders
Sec. 8. At any time after the appointment or issuance of aprotective order, the court on its own motion or on the petition of theprotected person or other person approved by the court, in additionto its authority under IC 29-3-8-8, may give the instructions andmake the amendatory and supplementary orders that the court findsappropriate.As added by P.L.169-1988, SEC.1.
IC 29-3-9-9
Expenses of proceedings
Sec. 9. (a) Whenever a guardian is appointed for an incapacitatedperson or minor, the guardian shall pay all expenses of theproceeding, including reasonable medical, professional, andattorney's fees, out of the property of the protected person.
(b) The expenses of any other proceeding under this article thatresults in benefit to the protected person or the protected person'sproperty shall be paid from the protected person's property asapproved by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.77.
IC 29-3-9-10
Attorney of record for guardian
Sec. 10. The attorney of record for a guardian continues as suchuntil the termination of the guardianship or the attorney's withdrawal,whichever occurs first, as approved by the court.
As added by P.L.169-1988, SEC.1.
IC 29-3-9-11
Investigation and report concerning minor or protected person
Sec. 11. (a) The department of child services shall investigate andreport to the court concerning the conditions and circumstances of aminor and the fitness and conduct of the guardian or the proposedguardian whenever ordered to do so by the court.
(b) The office of the secretary of family and social services shallinvestigate and report to the court concerning the conditions andcircumstances of a minor or an alleged incapacitated adult orprotected person who is an adult and the fitness and conduct of theguardian or the proposed guardian whenever ordered to do so by thecourt.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.78; P.L.2-1992, SEC.794; P.L.4-1993, SEC.261; P.L.5-1993,SEC.274; P.L.145-2006, SEC.169; P.L.146-2008, SEC.531.