2013 Indiana Code TITLE 29. PROBATE ARTICLE 3. GUARDIANSHIPS AND PROTECTIVE PROCEEDINGS CHAPTER 12. TERMINATION OF GUARDIANSHIPS AND PROTECTIVE ORDERS
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IC 29-3-12
Chapter 12. Termination of Guardianships and Protective
Orders
IC 29-3-12-1
Conditions for termination of guardianship; effect of termination
on guardianship powers
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 court shall terminate the guardianship of an incapacitated
person upon:
(1) adjudication by the court that the protected person is no
longer an incapacitated person; or
(2) the death of the protected person.
(c) The court may terminate any guardianship if:
(1) the guardianship property does not exceed the value of three
thousand five hundred dollars ($3,500);
(2) the guardianship property is reduced to three thousand five
hundred dollars ($3,500);
(3) the domicile or physical presence of the protected person is
changed to another state and a guardian has been appointed for
the protected person and the protected person's property in that
state; or
(4) the guardianship is no longer necessary for any other reason.
(d) When a guardianship terminates otherwise than by the death
of the protected person, the powers of the guardian cease, except that
the guardian may pay the claims and expenses of administration that
are approved by the court and exercise other powers that are
necessary to complete the performance of the guardian's trust,
including payment and delivery of the remaining property for which
the guardian is responsible:
(1) to the protected person;
(2) in the case of an unmarried minor, to a person having care
and custody of the minor with whom the minor resides;
(3) to a trust approved by the court, including a trust created by
the guardian, in which:
(A) the protected person is the sole beneficiary of the trust;
and
(B) the terms of the trust satisfy the requirements of Section
2503(c) of the Internal Revenue Code and the regulations
under that Section;
(4) to a custodian under the Uniform Transfers to Minors Act
(IC 30-2-8.5); or
(5) to another responsible person as the court orders.
(e) When a guardianship terminates by reason of the death of the
protected person, the powers of the guardian cease, except that the
guardian may pay the expenses of administration that are approved
by the court and exercise other powers that are necessary to complete
the performance of the guardian's trust and may deliver the remaining
property for which the guardian is responsible to the protected
person's personal representative or to a person who presents the
guardian with an affidavit under IC 29-1-8-1 or IC 29-2-1-2. If
approved by the court, the guardian may pay directly the following:
(1) Reasonable funeral and burial expenses of the protected
person.
(2) Reasonable expenses of the protected person's last illness.
(3) The protected person's federal and state taxes.
(4) Any statutory allowances payable to the protected person's
surviving spouse or surviving children.
(5) Any other obligations of the protected person.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,
SEC.12; P.L.95-2007, SEC.14; P.L.48-2012, SEC.9; P.L.115-2012,
SEC.1.
IC 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.
IC 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
person may petition for an order that the protected person is no
longer an incapacitated person and for termination of the
guardianship or protective order. A request for an order may also be
made informally to the court. Any person who knowingly interferes
with transmission of the request is guilty of contempt of court.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.80.
IC 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 may accept the resignation of
a guardian. Upon the death of the guardian, the guardian's personal
representative shall submit a final account of guardianship to the
court in accordance with IC 29-3-9-6. Upon the resignation or
removal of the guardian, the guardian shall give a final accounting to
the court.
(b) If the appointment of a successor guardian is required, the
court shall appoint a qualified successor guardian to succeed to the
title, powers, and duties of the predecessor guardian unless otherwise
ordered by the court.
(c) The removal or resignation of a guardian after letters are duly
issued to the guardian does not by itself invalidate the guardian's acts
and omissions prior to removal. A final order under IC 29-3-9-6
protects the successor guardian and the successor guardian's surety
to the same extent that it protects the successor guardian's
predecessor and surety.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,
SEC.13.
IC 29-3-12-5
Termination of authority and responsibility of guardian; effect on
liability of guardian; court approval
Sec. 5. The authority and responsibility of a guardian terminate at
the time that the court designates or upon the death, resignation, or
removal of the guardian or upon the termination of the guardianship.
The termination for any reason of the authority and responsibility of
the guardian does not affect the liability of the guardian for prior acts
or the obligation to account for the guardian's conduct of the
guardian's trust. Resignation of a guardian does not terminate the
appointment of the guardian until the guardian's resignation and final
account have been approved by the court.
As added by P.L.169-1988, SEC.1.
IC 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 of financial assistance provided by
the department of child services through a guardianship
described in IC 31-9-2-17.8(1)(E);
the court may not terminate the guardianship of the protected person
when the protected person attains eighteen (18) years of age.
As added by P.L.115-2012, SEC.2.
IC 29-3-12-7
Petition to extend guardianship past age 18
Sec. 7. (a) This section applies to the guardianship of a minor who
has not been adjudicated an incapacitated person.
(b) A protected person who is at least seventeen (17) years of age
and the guardian of the protected person may jointly petition the
court to extend the duration of the guardianship beyond the date on
which the protected person attains eighteen (18) years of age to the
earlier of the following:
(1) A termination date, if any, set forth in the petition.
(2) The date the protected person attains twenty-two (22) years
of age.
(c) A petition submitted under subsection (b) must be verified.
(d) The court, after notice and hearing, may extend a guardianship
under this section if the court finds that extending the guardianship
is in the best interests of the protected person. The extension of a
guardianship under this section does not place the protected person
under a legal disability.
As added by P.L.115-2012, SEC.3.
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