2023 Indiana Code
Title 29. Probate
Article 3. Guardianships and Protective Proceedings
Chapter 12. Termination of Guardianships and Protective Orders
29-3-12-1. Termination of Guardianship; Petition for Confidential Health Disclosure Order; Effect of Termination on Guardianship Powers; Powers of Guardian After Death of Protected Person
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) If a protected person intends to file a petition to terminate a guardianship under this section and the protected person is unable to obtain medical records in support of a petition to terminate a guardianship from a health care provider, the:
(1) protected person;
(2) attorney of record for the protected person;
(3) court appointed guardian ad litem for the protected person; or
(4) volunteer advocates for seniors or incapacitated adults program appointed under IC 29-3-8.5;
may file a petition under IC 29-3-4-1.5 to request a confidential health disclosure order and shall provide notice of the petition to any court appointed guardian ad litem of the protected person under IC 29-3-4-1.5(f)(3). A petition filed under this subsection that contains an allegation that the protected person has made a direct request for and has been denied access to the medical records has satisfied the requirement of IC 29-3-4-1.5(b)(4)(E).
(e) 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.
(f) When a guardianship terminates by reason of the death of the protected person, the powers of the guardian cease, except as follows:
(1) The guardian may do the following:
(A) Pay the expenses of administration that are approved by the court.
(B) Exercise all other powers that are necessary to complete the performance of the guardian's trust. Permitted performances under this clause include the following:
(i) The power to control the disposition of the deceased protected person's body.
(ii) The power to make anatomical gifts.
(iii) The power to request an autopsy.
(iv) The power to make arrangements for funeral services.
(v) The power to make other ceremonial arrangements as provided under IC 29-2-19-17.
(C) 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.
(D) Request the health records of the protected person under IC 16-39-1-3(c)(4), except as provided in IC 16-39-1-3(d), if the protected person was an incapacitated person. The power of a guardian under this clause terminates sixty (60) days after the date of the protected person's death.
(2) If the court approves the payment of expenses and obligations under this subdivision, then before the guardian delivers the remaining property under subdivision (1)(C), the guardian shall pay the following expenses and obligations in the amounts approved by the court and in decreasing order of priority:
(A) Final administration expenses of the guardianship as approved by the court under subdivision (1)(A).
(B) Unless prepaid by means of a funeral trust or before the protected person's death, the reasonable expenses for:
(i) the protected person's funeral;
(ii) a tombstone, monument, or other marker; and
(iii) the disposition of the protected person's bodily remains;
subject to the limitations provided in IC 29-1-14-9(a)(2).
(C) Any statutory allowances payable to the protected person's surviving spouse or surviving child under IC 29-1-4-1.
(D) The protected person's debts disclosed to the court and which could be filed and allowed as claims under IC 29-1-14, having the priority and preference established under IC 29-1-14-9(a)(4).
(E) Reasonable expenses of the protected person's last illness disclosed to the court and which could be filed and allowed as claims under IC 29-1-14, having the priority and preference established under IC 29-1-14-9(a)(5).
(F) The protected person's debts disclosed to the court and which could be filed and allowed as claims under IC 29-1-14, having priority and preference established under IC 29-1-14-9(a)(6).
(G) Any other obligations of the protected person disclosed to the court and which could be filed and allowed as claims under IC 29-1-14, having the priority established under IC 29-1-14-9(a)(7).
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; P.L.240-2017, SEC.2; P.L.26-2021, SEC.8; P.L.184-2021, SEC.8; P.L.38-2023, SEC.14.
