CHAPTER 8. CONSERVATORSHIP OF ESTATE OF MISSING SERVICEMAN OR SEAMAN
IC 29-2-8
Chapter 8. Conservatorship of Estate of Missing Serviceman or
Seaman
IC 29-2-8-1
Guardians; appointment; revocation
Sec. 1. Whenever a person (referred to as an absentee) serving in
or with the armed forces of the United States, or a person serving as
a Merchant Marine of the United States, has been reported or listed
as:
(1) missing;
(2) missing in action;
(3) interned in a neutral country; or
(4) beleaguered, besieged, or captured by an enemy;
has an interest in property in Indiana or is a legal resident of Indiana
and has not provided an adequate power of attorney authorizing
another to act in regard to the property or interest, a court having
probate jurisdiction in the county of the absentee's legal domicile or
in the county where the property, or a part of the property, is situated,
may appoint a guardian to manage the absentee's property, under the
supervision of the court. The guardian may be appointed upon the
filing of a verified petition alleging the facts and showing the
necessity for the management and control of the property of the
absentee made by an interested person, or on the court's own motion,
after notice to or the filing of waiver of notice from the presumptive
heirs of the absentee. Within ten (10) days after appointment the
guardian shall publish a notice of appointment in a newspaper of
general circulation in the county once each week for three (3) weeks
and shall mail a copy of the notice to the absentee addressed to the
absentee's last known address. Any interested person may on
application to the court require the guardian to show cause why the
appointment should not be revoked. If an appointment is revoked, the
revocation shall be without prejudice to the rights and interests of
any person who relied upon it in good faith.
(Formerly: Acts 1945, c.35, s.1.) As amended by P.L.33-1989,
SEC.52.
IC 29-2-8-2
Guardian bond; powers; removal and substitution
Sec. 2. The court shall have full discretionary authority to appoint
any suitable person as guardian and may require the guardian to post
an adequate surety bond and to make reports as the court may deem
necessary. The guardian shall have the same powers and authority as
the guardian of the property of a minor or incapacitated person (as
defined in IC 29-3-1-7.5) and shall be considered as an officer of the
court, and shall be subject to removal and substitution for good cause
shown.
(Formerly: Acts 1945, c.35, s.2.) As amended by P.L.33-1989,
SEC.53.
IC 29-2-8-3
Termination of guardianship; executor or administrator
Sec. 3. Upon petition signed by the absentee, or on petition of an
attorney-in-fact acting under an adequate power of attorney granted
by the absentee, the court shall direct the termination of the
guardianship and the transfer of all property held to the absentee or
to the designated attorney-in-fact. If at any time subsequent to the
appointment of a guardian it appears that the absentee has died and
an executor or administrator has been appointed for the estate, the
court shall direct the termination of the guardianship and the transfer
of all property of the deceased absentee to the executor or
administrator.
(Formerly: Acts 1945, c.35, s.3.) As amended by P.L.33-1989,
SEC.54.