Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to sections 3 and 4 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997. (2) The amendments made to section 1 of this chapter by P.L.217-2001 apply to all proceedings pending […]
Sec. 0.2. (a) As used in this section, “affected statutes” refers to the following: (1) IC 16-8-12-7 (repealed, now codified at IC 16-36-1-8). (2) IC 29-1-7.5-2. (3) IC 33-16-2-2 (repealed, codified at IC 33-42-2-2, also repealed). (4) IC 33-19-3-2 (repealed, now codified at IC 33-37-3-2). (5) IC 35-34-2-3. (6) IC 35-37-1-5. (b) This article and […]
Sec. 1. (a) This article applies to the following: (1) The business affairs, physical person, and property of every incapacitated person and minor residing in Indiana. (2) Property located in Indiana of every incapacitated person and minor residing outside Indiana. (3) Property of every incapacitated person or minor, regardless of where the property is located, […]
Sec. 2. (a) The venue for the appointment of a guardian or for protective proceedings is as follows: (1) If the alleged incapacitated person or minor resides in Indiana, venue is: (A) in the county where the alleged incapacitated person or minor resides; or (B) if the proceeding is for the appointment of a temporary […]
Sec. 3. (a) Unless waived under subsection (b) or if section 4 of this chapter does not apply, the court shall appoint a guardian ad litem to represent the interests of the alleged incapacitated person or minor if the court determines that the alleged incapacitated person or minor is not represented or is not adequately […]
Sec. 4. (a) All findings, orders, or other proceedings under this article shall be in the discretion of the court unless otherwise provided in this article. (b) If there is not a conflict of interest between a guardian of an estate and the protected person or among persons represented, orders binding a guardian of an […]
Sec. 5. The residence of a person shall be determined by actual presence rather than technical domicile. As added by P.L.169-1988, SEC.1.
Sec. 6. (a) The applicable rules regarding decedents’ estates in IC 29-1-7 through IC 29-1-17 apply to guardianships and protective proceedings under IC 29-3-4 when consistent with this article and IC 29-1-19. (b) IC 29-1-1-6 through IC 29-1-1-7, IC 29-1-1-9 through IC 29-1-1-10, IC 29-1-1-12 through IC 29-1-1-14, IC 29-1-1-16 through IC 29-1-1-18, and IC […]
Sec. 7. (a) If a person files a petition to establish or modify guardianship of a minor, any person who: (1) is a party to the guardianship proceeding; and (2) has knowledge that: (A) a party to the guardianship proceeding has been determined to be a perpetrator of a substantiated report of child abuse or […]
