CHAPTER 6. NOTICE OF HEARINGS
IC 29-3-6
Chapter 6. Notice of Hearings
IC 29-3-6-1
Notice of petition and hearing; persons to whom notice must be
given; waiver of notice
Sec. 1. (a) When a petition for appointment of a guardian or for
the issuance of a protective order is filed with the court, notice of the
petition and the hearing on the petition shall be given by first class
postage prepaid mail as follows:
(1) If the petition is for the appointment of a successor
guardian, notice shall be given unless the court, for good cause
shown, orders that notice is not necessary.
(2) If the petition is for the appointment of a temporary
guardian, notice shall be given as required by IC 29-3-3-4(a).
(3) If the subject of the petition is a minor, notice of the petition
and the hearing on the petition shall be given to the following
persons whose whereabouts can be determined upon reasonable
inquiry:
(A) The minor, if at least fourteen (14) years of age, unless
the minor has signed the petition.
(B) Any living parent of the minor, unless parental rights
have been terminated by a court order.
(C) Any person alleged to have had the principal care and
custody of the minor during the sixty (60) days preceding the
filing of the petition.
(D) Any other person that the court directs.
(4) If it is alleged that the person is an incapacitated person,
notice of the petition and the hearing on the petition shall be
given to the following persons whose whereabouts can be
determined upon reasonable inquiry:
(A) The alleged incapacitated person, the alleged
incapacitated person's spouse, and the alleged incapacitated
person's adult children, or if none, the alleged incapacitated
person's parents.
(B) Any person who is serving as a guardian for, or who has
the care and custody of, the alleged incapacitated person.
(C) In case no person other than the incapacitated person is
notified under clause (A), at least one (1) of the persons
most closely related by blood or marriage to the alleged
incapacitated person.
(D) Any person known to the petitioner to be serving as the
alleged incapacitated person's attorney-in-fact under a
durable power of attorney.
(E) Any other person that the court directs.
Notice is not required under this subdivision if the person to be
notified waives notice or appears at the hearing on the petition.
(b) Whenever a petition (other than one for the appointment of a
guardian or for the issuance of a protective order) is filed with the
court, notice of the petition and the hearing on the petition shall be
given to the following persons, unless they appear or waive notice:
(1) The guardian.
(2) Any other persons that the court directs, including the
following:
(A) Any department, bureau, agency, or political subdivision
of the United States or of this state that makes or awards
compensation, pension, insurance, or other allowance for the
benefit of an alleged incapacitated person.
(B) Any department, bureau, agency, or political subdivision
of this state that may be charged with the supervision,
control, or custody of an alleged incapacitated person.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,
SEC.8; P.L.95-2007, SEC.13; P.L.143-2009, SEC.15.
IC 29-3-6-2
Notice; form and contents; copy of petition to be attached
Sec. 2. A copy of the petition shall be attached to the notice, and
the notice must be in substantially the following form:
NOTICE
TO: (name and address of person receiving notice)
On (date of hearing) at (time of hearing) in (place of hearing) at (city), Indiana, the (name and address of court) will hold a hearing to determine whether a guardian should be appointed or a protective order should be issued for (name of alleged incapacitated person or minor). A copy of the petition requesting appointment of a guardian or for the issuance of a protective order is attached to this notice.
At the hearing the court will determine whether (name of alleged incapacitated person or minor) is an incapacitated person or minor under Indiana law. This proceeding may substantially affect the rights of (name of alleged incapacitated person or minor).
If the court finds that (name of alleged incapacitated person or minor) is an incapacitated person or minor, the court at the hearing shall also consider whether (name of proposed guardian, if any) should be appointed as guardian of (name of alleged incapacitated person or minor). The court may, in its discretion, appoint some other qualified person as guardian. The court may also, in its discretion, limit the powers and duties of the guardian to allow (name of alleged incapacitated person or minor) to retain control over certain property and activities. The court may also determine whether a protective order should be entered on behalf of (name of alleged incapacitated person or minor).
(Name of alleged incapacitated person) may attend the hearing and be represented by an attorney. The petition may be heard and determined in the absence of (name of alleged incapacitated person) if the court determines that the presence of (name of alleged incapacitated person) is not required. If (name of alleged incapacitated person) attends the hearing, opposes the petition, and is not represented by an attorney, the court may appoint an attorney to represent (name of alleged incapacitated person). The court may, where required, appoint a guardian ad litem to represent (name of
alleged incapacitated person or minor) at the hearing.
The court may, on its own motion or on request of any interested
person, postpone the hearing to another date and time.
_________________________________
(signature of clerk of the court)
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.9; P.L.77-1992, SEC.6; P.L.6-2010, SEC.11.
IC 29-3-6-3
Request for written notice of proceedings and pleadings;
determination of interest; failure to comply with request
Sec. 3. (a) At any time after the appointment of a guardian or the
issuance of a protective order, any person may, in person or by the
person's attorney, serve upon the guardian or the guardian's attorney,
and file with the clerk of the court where the proceedings are
pending, a written request together with a written admission or proof
of service stating that the person desires written notice of all hearings
and copies of all pleadings or other papers in connection with:
(1) the settlement of accounts;
(2) the sale, mortgage, lease, or exchange of any property of the
protected person;
(3) allowances of any nature payable from the protected
person's property;
(4) the investment of funds of the protected person;
(5) the removal, suspension, or discharge of the guardian;
(6) the final termination of the guardianship; or
(7) any other notice or matter as specified in the request.
The applicant requesting special notice must include in the written
request the applicant's post office address or that of the applicant's
attorney. The court may determine that any person requesting notice
under this section has no interest in the proceeding, either generally
or with respect to a particular matter, and is not entitled to the notice
requested. Unless the court otherwise directs, upon filing the request,
the guardian or the guardian's attorney shall comply with the request.
(b) Failure to comply with a request for notice under this section
does not affect the validity of the proceeding.
As added by P.L.169-1988, SEC.1.