Sec. 1. (a) Without prior order of the court, a guardian
shall pay from the guardianship property all indebtedness that the
guardian has reasonably incurred in good faith on behalf of the
protected person.
(b) Upon order of the court, a guardian shall pay from the protected
person's property for which the guardian is responsible any claim
against the protected person or the protected person's property, that the
court determines has merit.
(c) Claims based on:
(1) contracts entered into by a guardian in the guardian's official
capacity;
(2) obligations arising from ownership or control of the property
for which the guardian is responsible; or
(3) acts or omissions in the course of administration of the
guardianship;
may be asserted against the guardianship by proceeding against the
guardian in the guardian's official capacity, whether or not the guardian
is personally liable.
(d) Any person having a claim against the protected person or the
protected person's property or against the guardian as such may file the
claim with the court at any time before the claim is barred by the
statute of limitations and, upon proof of the claim, procure an order for
its allowance and payment from the guardianship property. However,
if a claim is filed within sixty (60) days before the date that a protected
person attains the age of majority or regains capacity:
(1) the claim shall be stayed until the sixty (60) day period has
elapsed;
(2) the protected person shall be substituted as a party; and
(3) the guardian shall prepare and file the guardian's account
without regard to the claim.
As added by P.L.169-1988, SEC.1.
IC 29-3-11Chapter 11. Liability of Guardians and Persons Acting Under
Protective Orders
29-3-11-1Protection for persons dealing in good faith with
guardian or person acting under protective order;
scope of protection 29-3-11-2Contracts entered into in good faith; personal
liability of guardian; liability for acts or
omissions; proceeding to determine liability 29-3-11-3Actions between third party and protected person;
service of process; suits against guardian or
person acting under protective order; substitution
of parties
Notes of Decisions
Est. of Prickett v. Womersley, 905 N.E.2d 1008 (Ind. 2009).
“§ 29-3-10-1. 4 . Contrary to our colleagues, we do not find a claimant having paid bills and debts on a decedent's behalf to be a recognized exception to the presumption that a family member's services are rendered gratuitously.”
Est. of Prickett v. Womersley, 885 N.E.2d 619 (Ind. Ct. App. 2008).
· cites it 2× “In support of its claim, the Estate directs us to Indiana Code section 29-3-10-1, which provides that (b) Upon order of the court, a guardian shall pay from the protected person’s property for which the guardian is responsible any claim against the protected person’s property,…”
Williamson v. Williamson, 714 N.E.2d 1270 (Ind. Ct. App. 1999).
“He also argues that Donald was not entitled to pay himself any such fee after the guardianship was closed.”
Thomas Meranda v. Mary Elizabeth Spaw, No. 19A-GU-1218 (Ind. Ct. App. Dec. 26, 2019).
· cites it 2× “” I.C. § 29-3-10-1(d). The statute does not require, nor have we found any authority, statutory or otherwise, that provides that a claim must be filed on the interim accounting that covers the period in which the claim arose.”
Williamson v. Williamson, No. 22A01-9808-CV-319 (Ind. Aug. 20, 1999).
“He also argues that Donald was not entitled to pay himself any such fee after the guardianship was closed. It is true that the guardian of a ward's estate has a duty to pay all just debts due from the ward out of the estate in his hands.”
Ind. Code § 29-3-10-1(d): 1 case
Thomas Meranda v. Mary Elizabeth Spaw, No. 19A-GU-1218 (Ind. Ct. App. Dec. 26, 2019).
“” I.C. § 29-3-10-1(d). The statute does not require, nor have we found any authority, statutory or otherwise, that provides that a claim must be filed on the interim accounting that covers the period in which the claim arose.”
Annotations are extracted automatically from the opinions in the
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