Sec. 3. (a) Unless waived under subsection (b) or if
section 4 of this chapter does not apply, the court shall appoint a
guardian ad litem to represent the interests of the alleged incapacitated
person or minor if the court determines that the alleged incapacitated
person or minor is not represented or is not adequately represented by
counsel. If not precluded by a conflict of interest, a guardian ad litem
may be appointed to represent several persons or interests. The court
as part of the record of the proceeding shall set out its reasons for
appointing a guardian ad litem.
(b) If a minor has or is entitled to property for the preservation of
which the appointment of a guardian is necessary, and the court makes
written findings that:
(1) the proposed guardian is capable of representing and
managing the minor's property;
(2) no other petition for the appointment of a guardian has been
filed; and
(3) the petition for the appointment of the proposed guardian is
uncontested;
the court may waive the appointment of a guardian ad litem for the
minor.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.63; P.L.154-1990, SEC.12; P.L.118-1997, SEC.25.
Notes of Decisions
In Re Paternity of MGS, 756 N.E.2d 990 (Ind. Ct. App. 2001).
· cites it 2× “Under Indiana Code section 29-3-2-3(a), the court must appoint a guardian ad litem to represent the interests of a minor "if the court determines that the .”
Parks v. Delaware Cnty. Dep't of Child Servs., 862 N.E.2d 1275 (Ind. Ct. App. 2007).
· cites it 2× “Code § 31-17-5-6 (providing that ''[u]pon hearing evidence in support of and opposition to a petition [for grandparent visitation], the court shall enter a *1279 decree setting forth the court’s findings and conclusions”), and appointments of a guardian ad litem, see Ind. Code §…”
In Re Adoption of BCS, 793 N.E.2d 1054 (Ind. Ct. App. 2003).
· cites it 4× “According to the Gerwecks, both Ind.Code § 29-3-2-3 6 and Ind. Trial Rule 17(C) 7 required the trial court to appoint a guardian ad litem.”
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009).
· cites it 2× “pursuant to Indiana Code Section 29-3-2-3. Father attached the joint paternity affidavit as an exhibit.”
Chavis v. Patton, 683 N.E.2d 253 (Ind. Ct. App. 1997).
· cites it 2× “See I.C. §§ 29-3-2-3, 29-3-9-7. As such, the trial court acted pursuant to the guardianship statute.”
In Re Guardianship of Hickman, 811 N.E.2d 843 (Ind. Ct. App. 2004).
“§ 29-3-2-3. This section does not require that the guardian ad litem also petition for the appointment of a permanent guardian, as Joseph did.”
Wachowski v. Beke, 756 N.E.2d 990 (Ind. Ct. App. 2001).
· cites it 2× “Under Indiana Code section 29-3-2-3(a), the court must appoint a guardian ad litem to represent the interests of a minor "if the court determines that the .”
Richard Frye v. Sarah (Frye) Mosby (mem. dec.) (Ind. Ct. App. 2018).
· cites it 2× “” Indiana Code section 29-3-2-3 uses the language similar to Trial Rule 17(C), providing, in pertinent part, that (a) Unless waived under subsection (b) or if section 4 of this chapter does not apply, the court shall appoint a guardian [ad litem] to represent the interests of…”
Michael Ramos v. Robertson's Apts. (Ind. Ct. App. 2012).
· cites it 2× “For example, Indiana Code Section 29-3-2-3 uses language similar to Trial Rule 17(C), providing that “the court shall appoint a guardian ad litem to represent the interests of the alleged incapacitated person or minor if the court determines that the alleged incapacitated person…”
In Re Support of J.D. T.F. v. J.J.D. (mem. dec.) (Ind. Ct. App. 2015).
· cites it 2× “, I.C. § 29-3-2-3 (requiring appointment of a GAL in certain guardianship proceedings), whether to Court of Appeals of Indiana | Memorandum Decision 37A03-1507-JP-906 | November 30, 2015 Page 5 of 8 appoint a GAL is ordinarily a matter our statutes “leave to the juvenile court’s…”
Ind. Code § 29-3-2-3(a): 4 cases
In Re Paternity of MGS, 756 N.E.2d 990 (Ind. Ct. App. 2001).
“Under Indiana Code section 29-3-2-3(a), the court must appoint a guardian ad litem to represent the interests of a minor "if the court determines that the .”
Wachowski v. Beke, 756 N.E.2d 990 (Ind. Ct. App. 2001).
“Under Indiana Code section 29-3-2-3(a), the court must appoint a guardian ad litem to represent the interests of a minor "if the court determines that the .”
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