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 guardian or person acting under a protective order is not personally liable on a contract entered into in good faith under the order, unless that person fails to reveal that person’s representative capacity and identify that person’s capacity in the contract. (b) Subject to subsection […]
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 actions between third persons and the protected person seeking to charge or benefit the protected person or the protected person’s property shall be prosecuted by or against the guardian or person acting under a protective order to represent the interests of the protected person in […]
29-3-11-4. Civil Immunity of a Guardian
Sec. 4. Except as provided in section 2 of this chapter and except for gross misconduct, a guardian appointed under this article is immune from any civil liability resulting from the guardian’s performance. As added by P.L.41-2004, SEC.4.
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 7 of this chapter, the court shall terminate the guardianship of a minor upon: (1) the minor’s attaining eighteen (18) years of age; or (2) the minor’s death. The court may terminate the guardianship of a minor upon the minor’s adoption or marriage. (b) The […]
29-3-12-2. Mandatory Termination of Protective Order
Sec. 2. The court shall terminate a protective order if: (1) the protective order has expired by its terms; or (2) the protective order is no longer necessary for any other reason. As added by P.L.169-1988, SEC.1.
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 person may specify a minimum period, not exceeding one (1) year, during which a petition for an adjudication that the protected person is no longer an incapacitated person may not be filed without court approval. Subject to that restriction, the protected person or any other […]
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 its own motion or on petition of the protected person or any person interested in the guardianship, after notice and hearing, on the same grounds and in the same manner as is provided under IC 29-1-10-6 for the removal of a personal representative. The court […]
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 terminate: (1) at the time that the court designates; (2) upon the death, resignation, or removal of the guardian; or (3) upon the termination of the guardianship, subject to section 1(d) and 1(e) of this chapter. (b) The termination for any reason of the authority […]
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 minor; and (2) has been adjudicated an incapacitated person; the court may not terminate the guardianship of the protected person when the protected person attains eighteen (18) years of age. (b) If a protected person is: (1) a minor; and (2) a recipient or beneficiary […]
29-3-9-10. Attorney of Record for Guardian
Sec. 10. The attorney of record for a guardian continues as such until 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.