Bill Text: IN SB0032 | 2012 | Regular Session | Enrolled
Bill Title: Guardianships.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0032 Detail]
Download: Indiana-2012-SB0032-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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AN ACT to amend the Indiana Code concerning probate.
Be it enacted by the General Assembly of the State of Indiana:
(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.
SECTION 2. IC 29-3-12-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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.
SECTION 3. IC 29-3-12-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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.
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:
Time:
SEA 32
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