Sec. 1. As used in this chapter: “Person” means an individual, a partnership, a limited liability company, a corporation, or an association. “Department” refers to the United States Department of Veterans Affairs. “Income” means money received from the Department and revenue or profit from any property wholly or partially acquired therewith. “Estate” means income on […]
Sec. 10. (a) Every guardian who has received or shall receive money or other things of value from the Department shall file with the court biennially within thirty (30) days following the anniversary date of the appointment, in addition to other accounts as required by the court, a full, true, and accurate account under oath […]
Sec. 11. If any guardian shall fail to file with the court any account as required by this article or by an order of the court when any account is due or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the department a true copy of any […]
Sec. 12. (a) Compensation payable to guardians shall: (1) be based upon services rendered; and (2) not exceed either five percent (5%) of the amount of moneys received or such larger amount as may be established by the court during the period covered by the account. (b) In the event of extraordinary services by any […]
Sec. 13. Every guardian shall invest the surplus funds of the estate of the protected person, in which investment the guardian has no interest, and only as provided in this section: (1) In bonds or notes constituting the direct and general obligations of the United States, or of a state that has not at any […]
Sec. 14. (a) A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the protected person, the spouse, and the children under the age of eighteen (18) years of the protected person, except upon petition to and prior order of the court […]
Sec. 15. (a) The court may authorize the purchase of the entire fee simple title to real estate in Indiana in which the guardian has no interest, but only as a home for the ward, or to protect the ward’s interest, or (if the ward is not a minor) as a home for the ward’s […]
Sec. 16. When a copy of any public record is required by the department to be used in determining the eligibility of any person to participate in benefits made available by the department, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on the […]
Sec. 17. In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Department showing that a minor has attained majority or that the incapacitated person has been rated competent by the Department upon examination in accordance with law shall be prima facie evidence that the […]
Sec. 18. The provisions of this chapter relating to surety bonds and the administration of estates of protected persons shall apply to all income and estate as defined in section 1 of this chapter whether the guardian has been appointed under this chapter or under any other law of this state, special or general, prior […]
Sec. 2. The Secretary shall be a party in interest in any proceeding: (1) for the appointment or removal of a guardian; (2) for the recognition that an individual is no longer a minor or an incapacitated person (as defined in IC 29-3-1-7.5); and (3) affecting in any manner the administration by the guardian of […]
Sec. 3. Whenever, pursuant to any law of the United States or regulation of the department, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this chapter. Formerly: Acts 1953, c.112, s.2003. As amended by P.L.1-1990, SEC.268.
Formerly: Acts 1953, c.112, s.2004. Repealed by Acts 1971, P.L.412, SEC.1.
Sec. 5. (a) A petition for the appointment of a guardian may be filed by any relative or friend of the incapacitated person or minor or by any person who is authorized by law to file such a petition. If there is no person authorized to file or if the person authorized to file refuses […]
Sec. 6. Where a petition is filed for the appointment of a guardian for a minor, a certificate of the secretary or the secretary’s authorized representative, setting forth the age of such minor as shown by the records of the department and the fact that the appointment of a guardian is a condition precedent to […]
Sec. 7. Where a petition is filed for the appointment of a guardian for an incapacitated person, a certificate of the administrator or the administrator’s duly authorized representative that the person has been rated incompetent or incapacitated by the Department on examination in accordance with the laws and regulations governing the Department and that the […]
Sec. 8. Upon the filing of a petition for the appointment of a guardian or the issuance of a protective order under this article, notice shall be given to the incapacitated person, and to other persons and the department by certified mail. Formerly: Acts 1953, c.112, s.2008. As amended by Acts 1982, P.L.171, SEC.64; P.L.33-1989, […]
Sec. 9. (a) Upon appointment, a guardian shall execute and file bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the protected person during the ensuing year. The bond shall be in the form and be conditioned as required of […]
