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Chapter 1. Definitions
29-3-1-1. Application of Definitions - Sec. 1. The definitions in this chapter apply throughout and...
29-3-1-1.6. "Catalogue of Electronic Communications" - Sec. 1.6. "Catalogue of electronic communications" has the meaning set...
29-3-1-2. "Claim" - Sec. 2. "Claim" means, with respect to an incapacitated person...
29-3-1-2.5. "Conduct a Criminal History Check" - Sec. 2.5. "Conduct a criminal history check" means to: (1)...
29-3-1-2.7. "Content of an Electronic Communication" - Sec. 2.7. "Content of an electronic communication" has the meaning...
29-3-1-3. "Court" - Sec. 3. "Court" means the court having probate jurisdiction and,...
29-3-1-3.5. "De Facto Custodian" - Sec. 3.5. "De facto custodian" has the meaning set forth...
29-3-1-4. Repealed - As added by P.L.169-1988, SEC.1. Repealed by P.L.264-1989, SEC.14.
29-3-1-4.1. "Digital Asset" - Sec. 4.1. "Digital asset" has the meaning set forth in...
29-3-1-5. "Durable Power of Attorney" - Sec. 5. "Durable power of attorney" means a power of...
29-3-1-6. "Guardian" - Sec. 6. "Guardian" means a person who is a fiduciary...
29-3-1-7. "Guardianship Property" - Sec. 7. "Guardianship property" means the property of an incapacitated...
29-3-1-7.5. "Incapacitated Person" - Sec. 7.5. "Incapacitated person" means an individual who: (1) cannot...
29-3-1-7.8. "Less Restrictive Alternatives" - Sec. 7.8. (a) "Less restrictive alternatives" means an approach to...
29-3-1-8. Repealed - As added by P.L.169-1988, SEC.1. Repealed by P.L.264-1989, SEC.14.
29-3-1-9. "Letters" - Sec. 9. "Letters" means letters of guardianship. As added by...
29-3-1-10. "Minor" - Sec. 10. "Minor" means an individual who is less than...
29-3-1-11. "Parent" - Sec. 11. "Parent" means a biological or adoptive parent. The...
29-3-1-12. "Person" - Sec. 12. "Person" means an individual, an organization, an association,...
29-3-1-13. "Protected Person" - Sec. 13. "Protected person" means an individual for whom a...
29-3-1-14. "Protective Proceeding" - Sec. 14. "Protective proceeding" means a proceeding for a protective...
29-3-1-15. "Support" - Sec. 15. "Support" means care, maintenance, and education or training,...
29-3-1-15.5. "Volunteer Advocate for Seniors and Incapacitated Adults" - Sec. 15.5. "Volunteer advocate for seniors and incapacitated adults" means...
29-3-1-16. Repealed - As added by P.L.41-2004, SEC.1. Amended by P.L.72-2010, SEC.2. Repealed...
29-3-1-17. "Volunteer Advocates for Seniors and Incapacitated Adults Program" - Sec. 17. "Volunteer advocates for seniors and incapacitated adults program"...
29-3-1-18. Repealed - As added by P.L.72-2010, SEC.4. Repealed by P.L.4-2020, SEC.4.
Chapter 2. General Provisions
29-3-2-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The following amendments to this chapter apply as...
29-3-2-0.2. Application of Article; Effect of Amendments to Certain Other Statutes - Sec. 0.2. (a) As used in this section, "affected statutes"...
29-3-2-1. Application of Article; Jurisdiction of Courts - Sec. 1. (a) This article applies to the following: (1)...
29-3-2-2. Venue for Appointment of Guardian; Stay of Proceedings; Transfer of Proceedings - Sec. 2. (a) The venue for the appointment of a...
29-3-2-3. Guardian Ad Litem; Appointment - Sec. 3. (a) Unless waived under subsection (b) or if...
29-3-2-4. Discretion of Court; Binding Orders - Sec. 4. (a) All findings, orders, or other proceedings under...
29-3-2-5. Residence; Determination - Sec. 5. The residence of a person shall be determined...
29-3-2-6. Application of Decedents' Estates Law to Guardianships and Protected Persons - Sec. 6. (a) The applicable rules regarding decedents' estates in...
29-3-2-7. Submissions to the Court; Court Requests for Information - Sec. 7. (a) If a person files a petition to...
Chapter 3. Proceedings in Lieu of Guardianships
29-3-3-1. Payment of Debt Owed to Minor; Delivery of Minor's Property in Possession of Another; Use of Payment or Property - Sec. 1. (a) Any person indebted to a minor or...
29-3-3-2. Property of Incapacitated Person Not in Excess of $10,000; Deposit, Delivery, and Disposition of Property; Compensation and Expenses of Receiver - Sec. 2. When the entire property of an incapacitated person...
29-3-3-3. Custody of Minor by Parents; Consents, Waivers, and Powers of Attorney Provided by Statute or Internal Revenue Code; Consent to Medical Treatment - Sec. 3. Except as otherwise determined in a dissolution of...
29-3-3-3.5. Custodians of Individual Retirement Accounts - Sec. 3.5. (a) Except as otherwise determined in a dissolution...
29-3-3-4. Temporary Guardians; Notice; Hearing; Suspension of Guardian; Powers and Responsibilities - Sec. 4. (a) If: (1) a guardian has not been...
29-3-3-5. Application for Public Assistance or Transfer; Authority of Chief of Social Services at State Institution - Sec. 5. The chief of social services (or a person...
29-3-3-6. Surviving Parent; Custody Proceedings; Temporary Guardian or Guardian Ad Litem; Hearing - Sec. 6. (a) The surviving parent of a minor does...
29-3-3-7. Standby Guardians - Sec. 7. (a) Subject to subsection (e), a parent of...
29-3-3-8. Tenant's Representative; Administration - Sec. 8. (a) A tenant's representative who accepts appointment under...
Chapter 4. Protective Proceedings and Single Transactions
29-3-4-1. Protective Orders; Notice and Hearing; Findings; Protective Arrangements - Sec. 1. (a) Upon petition by any person and after...
29-3-4-2. Contracts, Trusts or Business Transactions of Incapacitated Person or Minor; Ratification by Court; Exercise of Parental Powers in Absence of Guardian - Sec. 2. The court may, without appointment of a guardian,...
29-3-4-3. Creditors and Dependents to Be Considered by Court Before Issuing Protective Order; Appointment of Limited Guardian; Authority Conferred by Order - Sec. 3. Before issuing a protective order under this chapter,...
29-3-4-4. Compensation; Persons Whose Services Benefited Protected Person or His or Her Property - Sec. 4. If not otherwise compensated for services rendered, any...
Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order
29-3-5-1. Petitions for Appointment of a Guardian or to Have a Protective Order Issued; Requirements; Notice and Hearing; Conduct of Hearing; Participation by Department of Child Services - Sec. 1. (a) Any person may file a petition for...
29-3-5-1.5. Submit Information for Criminal History Check - Sec. 1.5. A petitioner for appointment as a guardian of...
29-3-5-2. Appointment of Guardian Before Adjudication of Incapacity or Minority - Sec. 2. A guardian may not be appointed for an...
29-3-5-3. Findings; Appointment of Guardian; Limited Guardianship; Protective Orders - Sec. 3. (a) Except under subsection (c), if it is...
29-3-5-4. Considerations for Appointment of Guardian - Sec. 4. (a) The court shall appoint as guardian a...
29-3-5-4.1. "Disability"; Guardianship - Sec. 4.1. (a) As used in this section, "disability" has...
29-3-5-5. Persons Entitled to Consideration for Appointment as a Guardian - Sec. 5. (a) The following are entitled to consideration for...
29-3-5-6. Two or More Minors or Incapacitated Persons; Petition for Appointment of Guardian; Separate Accounting - Sec. 6. When a petition is filed for the appointment...
Chapter 6. Notice of Hearings
29-3-6-1. Notice of Petition and Hearing; Persons to Whom Notice Must Be Given; Waiver of Notice - Sec. 1. (a) When a petition for appointment of a...
29-3-6-2. Notice; Form and Contents; Copy of Petition to Be Attached - Sec. 2. A copy of the petition shall be attached...
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...
Chapter 7. Qualification and Bonding Requirements for Guardians
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...
29-3-7-2. Bond Requirements; Liability; Consent to Jurisdiction; Proceedings Against Sureties - Sec. 2. (a) The following requirements apply to all bonds...
29-3-7-3. Letters of Guardianship - Sec. 3. (a) Letters of guardianship, temporary or otherwise, shall...
29-3-7-4. Acceptance of Appointment as Submission to Personal Jurisdiction - Sec. 4. By accepting appointment, a guardian and the guardian's...
29-3-7-5. Guardianship Property; Possession by Guardian; Transfer of Property Interest; Process Against Property - Sec. 5. (a) A guardian shall take possession of the...
29-3-7-6. Evidence of Possessory and Disposition Rights in Guardianship Property; Real Property of Guardianship; Filing of Letters of Appointment or Termination Orders - Sec. 6. (a) Letters are evidence that the guardian has...
29-3-7-7. Persons Prohibited From Being Appointed or From Serving as a Guardian - Sec. 7. A court may not appoint a person to...
Chapter 8. Responsibilities and Powers of Guardian
29-3-8-1. Enumerated Responsibilities of Guardian - Sec. 1. (a) The guardian of a minor (other than...
29-3-8-2. Powers Which Guardian May Exercise - Sec. 2. (a) The guardian of a minor may exercise...
29-3-8-3. Mandatory Responsibilities of Guardian - Sec. 3. A guardian (other than a temporary guardian) shall...
29-3-8-4. Exercise of Powers to Perform Responsibilities; Enumeration - Sec. 4. A guardian (other than a temporary guardian) may...
29-3-8-5. Sale or Encumbrance of Guardianship Property; Conflicts of Interest - Sec. 5. (a) Any: (1) sale or encumbrance of any...
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...
29-3-8-6.5. Severance of Property Jointly Owned With Rights of Survivorship or Use of the Assets of a Multiple Party Account - Sec. 6.5. (a) If: (1) a guardian takes possession of...
29-3-8-7. Sale, Division, or Disposition of Property; Contracts Entered Into Before Incapacity; Performance by Guardian - Sec. 7. If the court finds that: (1) an incapacitated...
29-3-8-8. Limitations on Guardian Powers - Sec. 8. (a) The court, at the time of appointment...
29-3-8-9. Requirements, Terms, and Conditions Included in Order Creating Guardianship; Requirements for Modifying or Terminating Guardianship; Notify and Refer to Department of Child Services; Conduct of Hearing - Sec. 9. (a) A probate or juvenile court may include...
29-3-8-10. Access of Guardian to Digital Assets; Power Conferred by Court - Sec. 10. (a) IC 32-39-2-11 applies to the right of...
Chapter 8.5. Volunteer Advocates for Seniors or Incapacitated Adults
29-3-8.5-1. Appointment - Sec. 1. A court in a proceeding under this article...
29-3-8.5-2. Progress Reports; Final Report - Sec. 2. A volunteer advocates for seniors and incapacitated adults...
29-3-8.5-3. Duties - Sec. 3. (a) A volunteer advocates for seniors and incapacitated...
29-3-8.5-4. Actions a Volunteer Advocate for Seniors and Incapacitated Adults May Take - Sec. 4. (a) A volunteer advocates for seniors and incapacitated...
29-3-8.5-5. Term of Appointment - Sec. 5. (a) If a court appoints a volunteer advocates...
29-3-8.5-6. Officer of the Court - Sec. 6. A volunteer advocates for seniors and incapacitated adults...
29-3-8.5-7. Attorney Appointment - Sec. 7. The court may appoint an attorney to represent...
29-3-8.5-8. Civil Immunity - Sec. 8. Except for gross misconduct: (1) a volunteer advocate...
29-3-8.5-9. Repealed - As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.10; P.L.72-2010,...
29-3-8.5-9.5. Application of Responsibilities and Powers of Guardians - Sec. 9.5. IC 29-3-8-5 through IC 29-3-8-8 apply to a...
29-3-8.5-10. Petitions for Reasonable Compensation - Sec. 10. (a) A volunteer advocates for seniors and incapacitated...
29-3-8.5-11. Joint or Multiple County Programs - Sec. 11. (a) Courts with probate jurisdiction that are located...
29-3-8.5-12. Programs of Nonprofit Corporations - Sec. 12. (a) A volunteer advocates for seniors and incapacitated...
Chapter 9. Matters Other Than Appointment
29-3-9-1. Delegation of Powers by Executed Power of Attorney; Limitations - Sec. 1. (a) As used in this section, "department" means...
29-3-9-2. Change in Physical Presence of Protected Person - Sec. 2. A guardian (other than a temporary guardian) or...
29-3-9-3. Compensation and Reimbursement of Guardian - Sec. 3. A guardian is entitled to reasonable compensation for...
29-3-9-4. Repealed - As added by P.L.169-1988, SEC.1. Repealed by P.L.6-2010, SEC.40.
29-3-9-4.1. Guardian Access to Protected Person's Digital Assets Upon Authorization of Court - Sec. 4.1. (a) After notice to interested persons and upon...
29-3-9-4.5. Estate Planning - Sec. 4.5. (a) After notice to interested persons and upon...
29-3-9-5. Inventory of Guardianship Property - Sec. 5. (a) Within ninety (90) days after appointment, a...
29-3-9-6. Account of Administration; Filing With Court; Notice of Hearing on Account; Order of Discharge; Limitation of Actions Against Sureties - Sec. 6. (a) Unless otherwise directed by the court, a...
29-3-9-6.5. Accounting Standards and Procedures - Sec. 6.5. (a) This section applies to an accounting described...
29-3-9-7. Compromise of Claim; Petition to Court; Settlement; Access to Confidential Exhibits - Sec. 7. (a) Whenever it is proposed to compromise any...
29-3-9-8. Supplementary Orders - Sec. 8. At any time after the appointment or issuance...
29-3-9-9. Expenses of Proceedings - Sec. 9. (a) Whenever a guardian is appointed for an...
29-3-9-10. Attorney of Record for Guardian - Sec. 10. The attorney of record for a guardian continues...
29-3-9-11. Investigation and Report Concerning Minor or Protected Person - Sec. 11. The office of the secretary of family and...
29-3-9-12. Guardianship of Property of Minor or Incapacitated Adult; Compliance With Demand or Instruction; Enforcement Proceedings; Awards - Sec. 12. (a) This section applies only to a guardianship...
29-3-9-12.2. Petition for Authority to Petition for Dissolution, Legal Separation, or Annulment; Granting Petition; Considerations; Petition Not Required for Certain Actions - Sec. 12.2. (a) If a guardian of an incapacitated person...
29-3-9-13. Filing Petition for Dissolution, Legal Separation, or Annulment in Guardian's County of Residence - Sec. 13. (a) This section applies if a court has...
Chapter 10. Claims Against Protected Persons
29-3-10-1. Payment of Debts Incurred on Behalf of Protected Person; Payment of Claims; Actions Against Guardian; Filing of Claims - Sec. 1. (a) Without prior order of the court, a...
Chapter 11. Liability of Guardians and Persons Acting Under Protective Orders
29-3-11-1. Protection for Persons Dealing in Good Faith With Guardian or Person Acting Under Protective Order; Scope of Protection - Sec. 1. (a) A person who in good faith deals...
29-3-11-2. Contracts Entered Into in Good Faith; Personal Liability of Guardian; Liability for Acts or Omissions; Proceeding to Determine Liability - Sec. 2. (a) Unless otherwise provided in the contract, a...
29-3-11-3. Actions Between Third Party and Protected Person; Service of Process; Suits Against Guardian or Person Acting Under Protective Order; Substitution of Parties - Sec. 3. (a) If a guardian has been appointed, all...
29-3-11-4. Civil Immunity of a Guardian - Sec. 4. Except as provided in section 2 of this...
Chapter 12. Termination of Guardianships and Protective Orders
29-3-12-1. Termination of Guardianship; Effect of Termination on Guardianship Powers; Powers of Guardian After Death of Protected Person - Sec. 1. (a) Except as provided in section 6 or...
29-3-12-2. Mandatory Termination of Protective Order - Sec. 2. The court shall terminate a protective order if:...
29-3-12-3. Minimum Period to Maintain Incapacitated Person Status; Petition to Terminate Guardianship or Protective Order; Penalty - Sec. 3. An order adjudicating a person as an incapacitated...
29-3-12-4. Removal, Resignation, or Death of Guardian; Final Accounting; Appointment of Successor; Effect of Removal on Validity of Guardian's Acts - Sec. 4. (a) The court may remove a guardian on...
29-3-12-5. Termination of Authority and Responsibility of Guardian; Effect on Liability of Guardian; Court Approval - Sec. 5. (a) The authority and responsibility of a guardian...
29-3-12-6. Guardianship Extends Beyond Age 18 if Minor Is Incapacitated or Receives Certain Dcs Assistance - Sec. 6. (a) If a protected person: (1) is a...
29-3-12-7. Petition to Extend Guardianship Past Age 18 - Sec. 7. (a) This section applies to the guardianship of...
Chapter 13. Foreign Guardians
29-3-13-1. Payment of Debt or Delivery of Property to Foreign Guardian - Sec. 1. (a) Any person indebted to an incapacitated person...
29-3-13-2. Filings Concerning a Foreign Guardianship of the Property of a Minor; Registration of the Letters of Office of a Foreign Guardian for an Adult - Sec. 2. (a) This subsection applies to a guardianship of...
29-3-13-3. Acts by Which Foreign Guardian Submits to Personal Jurisdiction - Sec. 3. A foreign guardian submits personally to the jurisdiction...
Chapter 14. Supported Decision Making
29-3-14-1. "Supported Decision Making" - Sec. 1. As used in this chapter, "supported decision making"...
29-3-14-2. "Supported Decision Making Agreement" - Sec. 2. As used in this chapter, "supported decision making...
29-3-14-3. "Supporter" - Sec. 3. As used in this chapter, "supporter" means a...
29-3-14-4. Supported Decision Making Agreements; Execution and Revocation - Sec. 4. (a) An adult may not enter into a...
29-3-14-5. Supporter Responsibilities; Prohibited Acts - Sec. 5. (a) A supporter must: (1) support the will...
29-3-14-6. Communication of a Request or Decision - Sec. 6. A request or decision made or communicated with...
29-3-14-7. Supported Decision Making Agreements; Requirements - Sec. 7. (a) A supported decision making agreement must: (1)...
29-3-14-8. Revocation of Supported Decision Making Agreements - Sec. 8. An adult may revoke a supported decision making...
29-3-14-9. Termination of Supported Decision Making Agreements - Sec. 9. (a) Except as provided in the supported decision...
29-3-14-10. Presumption of Validity - Sec. 10. A supported decision making agreement that complies with...
29-3-14-11. Immunity; Exception - Sec. 11. (a) Except as provided in subsection (c), a...
29-3-14-12. Meaning and Effect of Supported Decision Making Agreement - Sec. 12. The meaning and effect of a supported decision...
29-3-14-13. Reporting of Abuse or Neglect - Sec. 13. A person who: (1) receives a copy of...