2023 Indiana Code
Title 29. Probate
Article 3. Guardianships and Protective Proceedings
Chapter 12. Termination of Guardianships and Protective Orders
29-3-12-4. Removal, Resignation, or Death of Guardian; Final Accounting; Appointment of Successor; Effect of Removal on Validity of Guardian's Acts

Universal Citation: IN Code § 29-3-12-4 (2023)

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.

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