2020 Indiana Code
Title 29. Probate
Article 3. Guardianships and Protective Proceedings
Chapter 8. Responsibilities and Powers of Guardian
29-3-8-1. Enumerated Responsibilities of Guardian

Universal Citation: IN Code § 29-3-8-1 (2020)

Sec. 1. (a) The guardian of a minor (other than a temporary guardian) has all of the responsibilities and authority of a parent and, unless otherwise ordered by the court, is responsible for the preservation of all the minor's property regardless of where the property is located. In addition and without limitation, the guardian:

(1) must be or shall become sufficiently acquainted with the minor and maintain sufficient contact with the minor to know of the minor's capabilities, disabilities, limitations, needs, opportunities, and physical and mental health;

(2) shall, upon termination of the guardianship, comply with the applicable provisions of IC 29-3-12;

(3) to the extent the available parental income and property are insufficient to fulfill the parental obligation of support to the minor, shall apply the guardianship income and, to the extent the guardianship income is insufficient, the principal of the guardianship property to the minor's current needs for support, and protect and conserve that portion of the minor's property that is in excess of the minor's current needs;

(4) shall report the physical and mental condition of the minor to the court as ordered by the court; and

(5) has any other responsibilities that the court may order.

(b) The guardian (other than a temporary guardian) of an incapacitated person is responsible for the incapacitated person's care and custody and for the preservation of the incapacitated person's property to the extent ordered by the court. In addition and without limitation, the guardian of an incapacitated person:

(1) has, with respect to the incapacitated person, the same responsibilities as those of a guardian of a minor enumerated in subsection (a)(1), (a)(3), and (a)(4);

(2) shall, upon termination of the guardianship, comply with the applicable provisions of IC 29-3-12; and

(3) has any other responsibilities that the court may order.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.10.

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