Sec. 12. (a) This section applies only to a guardianship of the property of a minor or an incapacitated adult.
(b) If a third party fails to comply with a guardian's written demand or instruction that:
(1) was issued within the scope of the guardian's authority; and
(2) is consistent with this article;
the guardian may bring an enforcement proceeding to compel compliance in the court having jurisdiction over the guardianship.
(c) A court may award attorney's fees and costs to the guardian in an enforcement proceeding under subsection (b), if the person indebted to the guardianship estate or holding property of the guardianship estate:
(1) acted in bad faith in failing to comply with the guardian's written demand or instruction; or
(2) refused to respond within thirty (30) business days after receiving the guardian's written demand or instruction, if the demand or instruction is consistent with this article.
(d) A court may, upon notice and hearing, award attorney's fees and costs to an estate bringing an enforcement proceeding under subsection (a) against an insurer regulated under IC 27 if:
(1) the insurer failed to respond under IC 27 after receiving a written demand or instruction from the personal guardian; and
(2) the written demand or instruction is consistent with this article.
As added by P.L.51-2014, SEC.7. Amended by P.L.83-2014, SEC.5.
Structure Indiana Code
Article 3. Guardianships and Protective Proceedings
Chapter 9. Matters Other Than Appointment
29-3-9-1. Delegation of Powers by Executed Power of Attorney; Limitations
29-3-9-2. Change in Physical Presence of Protected Person
29-3-9-3. Compensation and Reimbursement of Guardian
29-3-9-4.1. Guardian Access to Protected Person's Digital Assets Upon Authorization of Court
29-3-9-5. Inventory of Guardianship Property
29-3-9-6.5. Accounting Standards and Procedures
29-3-9-7. Compromise of Claim; Petition to Court; Settlement; Access to Confidential Exhibits
29-3-9-8. Supplementary Orders
29-3-9-9. Expenses of Proceedings
29-3-9-10. Attorney of Record for Guardian
29-3-9-11. Investigation and Report Concerning Minor or Protected Person