CHAPTER 3. PROCEEDINGS IN LIEU OF GUARDIANSHIPS
IC 29-3-3
Chapter 3. Proceedings in Lieu of Guardianships
IC 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 having possession
of property belonging to a minor in an amount not exceeding ten
thousand dollars ($10,000) may pay the debt or deliver the property
without the appointment of a guardian, giving of bond, or other order
of court directly to any person having the care and custody of the
minor with whom the minor resides.
(b) Persons receiving property for a minor under this section are
obligated to apply the property to the support, use, and benefit of the
minor.
(c) This section does not apply if the person paying or delivering
the property knows that a guardian has been appointed for the minor
or that proceedings for appointment of a guardian for the minor are
pending.
(d) A person who pays or delivers property in accordance with
this section in good faith is not responsible for the proper application
of that property.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,
SEC.4; P.L.42-1998, SEC.3; P.L.252-2001, SEC.26.
IC 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 does
not exceed the value of ten thousand dollars ($10,000), the court
may, without the appointment of a guardian, giving of bond, or other
order of court, authorize:
(1) the deposit of the property in a depository authorized to
receive fiduciary funds in the name of a suitable person
designated by the court; or
(2) if the property does not consist of money, the delivery of the
property to a suitable person designated by the court.
The person receiving the property shall hold and dispose of the
property in the manner the court directs and is entitled to reasonable
compensation and to reimbursement for reasonable expenses
incurred in good faith on behalf of the incapacitated person and
approved by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,
SEC.5; P.L.252-2001, SEC.27.
IC 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
marriage proceeding, a custody proceeding, or in some other
proceeding authorized by law, including a proceeding under section
6 of this chapter or another proceeding under this article, and unless
a minor is married, the parents of the minor jointly (or the survivor
if one (1) parent is deceased), if not an incapacitated person, have,
without the appointment of a guardian, giving of bond, or order or
confirmation of court, the right to custody of the person of the minor
and the power to execute the following on behalf of the minor:
(1) Consent to the application of subsection (c) of Section
2032A of the Internal Revenue Code, which imposes personal
liability for payment of the tax under that Section.
(2) Consent to the application of Section 6324A of the Internal
Revenue Code, which attaches a lien to property to secure
payment of taxes deferred under Section 6166 of the Internal
Revenue Code.
(3) Any other consents, waivers, or powers of attorney provided
for under the Internal Revenue Code.
(4) Waivers of notice permissible with reference to proceedings
under IC 29-1.
(5) Consents, waivers of notice, or powers of attorney under any
statute, including the Indiana inheritance tax law (IC 6-4.1) and
the Indiana adjusted gross income tax law (IC 6-3).
(6) Consent to unsupervised administration as provided in
IC 29-1-7.5.
(7) Federal and state income tax returns.
(8) Consent to medical or other professional care, treatment, or
advice for the minor's health and welfare.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.64; P.L.155-1990, SEC.1; P.L.192-2002(ss), SEC.171.
IC 29-3-3-3.5
Custodians of individual retirement accounts
Sec. 3.5. (a) Except as otherwise determined in a dissolution of
marriage proceeding, a custody proceeding, or another proceeding
authorized by law, including a proceeding under section 6 of this
chapter or another proceeding under this article, and unless a minor
is married:
(1) the parents of the minor jointly or one (1) parent of the
minor individually, if both parents are not incapacitated
persons;
(2) one (1) parent, if one (1) of the parents is an incapacitated
person; or
(3) the survivor, if one (1) parent is deceased and if the survivor
is not an incapacitated person;
have the right, without the appointment of a guardian, giving of
bond, or order or confirmation of court, to act as custodians of an
individual retirement account established for the minor under 26
U.S.C. 408.
(b) IC 30-2-8.5-27(b), IC 30-2-8.5-27(e), and IC 30-2-8.5-28 apply
to this section.
As added by P.L.264-1995, SEC.1.
IC 29-3-3-4
Emergencies; appointment of temporary guardian; suspension of
guardian; exemptions
Sec. 4. (a) If:
(1) a guardian has not been appointed for an incapacitated
person or minor;
(2) an emergency exists;
(3) the welfare of the incapacitated person or minor requires
immediate action; and
(4) no other person appears to have authority to act in the
circumstances;
the court, on petition by any person or on its own motion, may
appoint a temporary guardian for the incapacitated person or minor
for a specified period not to exceed sixty (60) days. No such
appointment shall be made except after notice and hearing unless it
is alleged and found by the court that immediate and irreparable
injury to the person or injury, loss, or damage to the property of the
alleged incapacitated person or minor may result before the alleged
incapacitated person or minor can be heard in response to the
petition. If a temporary guardian is appointed without notice and the
alleged incapacitated person or minor files a petition that the
guardianship be terminated or the court order modified, the court
shall hear and determine the petition at the earliest possible time.
(b) If the court finds that a previously appointed guardian is not
effectively performing fiduciary duties and that the welfare of the
protected person requires immediate action, the court may suspend
the authority of the previously appointed guardian and appoint a
temporary guardian for the protected person for any period fixed by
the court. The authority of the previously appointed guardian is
suspended as long as a temporary guardian appointed under this
subsection has authority to act.
(c) A temporary guardian appointed under this section has only
the responsibilities and powers that are ordered by the court. The
court shall order only the powers that are necessary to prevent
immediate and substantial injury or loss to the person or property of
the alleged incapacitated person or minor in an appointment made
under this section.
(d) Proceedings under this section are not subject to the provisions
of IC 29-3-4.
(e) A proceeding under this section may be joined with a
proceeding under IC 29-3-4 or IC 29-3-5.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.65; P.L.154-1990, SEC.13.
IC 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 designated by the
chief of social services) at any institution under the control of the
division of mental health and addiction or the division of disability
and rehabilitative services may execute the necessary documents to
make applications on behalf of a patient in the institution to receive
public assistance or to transfer the patient to an alternate care facility
without the appointment of a guardian or other order of court.
As added by P.L.169-1988, SEC.1. Amended by P.L.2-1992,
SEC.793; P.L.1-1993, SEC.214; P.L.40-1994, SEC.74;
P.L.215-2001, SEC.105; P.L.141-2006, SEC.110.
IC 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 not have the right
to custody of the minor without a proceeding authorized by law if the
parent was not granted custody of the minor in a dissolution of
marriage decree and the conditions specified in this section exist.
(b) If:
(1) the surviving parent, at the time of the custodial parent's
death, had required supervision during parenting time privileges
granted under a dissolution of marriage decree involving the
minor; or
(2) the surviving parent's parenting time privileges with the
minor had been suspended at the time of the death of the
custodial parent;
the court on petition by any person, including a temporary custodian
named under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), or
on the court's own motion, may appoint a temporary guardian for the
minor for a specified period not to exceed sixty (60) days.
(c) If a petition is filed under this section, a court shall appoint a
guardian ad litem (as defined in IC 31-9-2-50) or a court appointed
special advocate (as defined in IC 31-9-2-28) for the child. A
guardian ad litem or court appointed special advocate appointed
under this section serves until removed by the court.
(d) If a temporary guardian is appointed without notice and the
minor files a petition that the guardianship be terminated or the court
order modified, the court shall hold a hearing and make a
determination on the petition at the earliest possible time.
(e) A temporary guardian appointed under this section has only
the responsibilities and powers that are ordered by the court.
(f) A proceeding under this section may be joined with a
proceeding under IC 29-3-4 or IC 29-3-5.
(g) The court shall appoint a guardian under this article if the
court finds that the surviving parent is not entitled to the right of
custody of the minor.
As added by P.L.155-1990, SEC.2. Amended by P.L.1-1993,
SEC.215; P.L.1-1997, SEC.119; P.L.68-2005, SEC.7.