Indiana Code
Ind. Code § 29-3-2-4 (2026)
Discretion of court; binding orders
✓ current as of May 2026
Sec. 4. (a) All findings, orders, or other proceedings under this article shall be in the discretion of the court unless otherwise provided in this article.
(b) If there is not a conflict of interest between a guardian of an estate and the protected person or among persons represented, orders binding a guardian of an estate bind the protected person.
(c) Orders binding a guardian of the person bind the ward if a guardian of the ward's estate has not been appointed.
As added by P.L.169-1988, SEC.1. Amended by P.L.118-1997, SEC.26; P.L.252-2001, SEC.25.
Notes of Decisions
Cited in 45
cases (2 in the last 5 years), 1996–2025 · leading case: Chavis v. Patton, 683 N.E.2d 253 (Ind. Ct. App. 1997).
Chavis v. Patton, 683 N.E.2d 253 (Ind. Ct. App. 1997). “DISCUSSION Ind.Code § 29-3-2-4 provides that “[a]ll findings, orders, or other proceedings under [the guardianship statute] shall be in the discretion of the court unless otherwise provided in this article.”
Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006). “1996) (citing Ind.Code § 29-3-2-4(a)). *937 Thus, we will review those findings under an abuse of discretion standard.”
In Re Guardianship of Phillips, 926 N.E.2d 1103 (Ind. Ct. App. 2010). “1997) (citing Ind.Code § 29-3-2-4). An abuse of discretion *1109 occurs when the trial court's decision is clearly against the logic and effect of the facts and circumstances before it.”
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009). “However, before a court is required to appoint a guardian for a minor, the court must find that the appointment is "necessary as a means of providing care and supervision of the physical person or property of the ...”
Conrad v. Atkins, 868 N.E.2d 878 (Ind. Ct. App. 2007). “See Ind.Code § 29-3-2-4. This discretion extends to both its findings and its order.”
In Re Guardianship of JK, 862 N.E.2d 686 (Ind. Ct. App. 2007). “The issue is whether the trial court abused its discretion by terminating the Lafarys' guardianship of J.”
Guardianship: Ray Lamey M.D. v. Ziemer, Stayman, Weitzel & Shoulders, LLP, 87 N.E.3d 512 (Ind. Ct. App. 2017). “Attorney fees Turning to the merits of their appeal, Appellants contend that the trial court erred in awarding attorney fees to ZSWS and Kolb and in ordering the payment of the expert witness fees.”
In Re Guardianship of Hickman, 811 N.E.2d 843 (Ind. Ct. App. 2004). “See I.C. § 29-3-2-4; In re Wickersham, 594 N.”
In the Matter of the Guardianship of I.R., M.P. & D.P. v. M.M.J.S, 77 N.E.3d 810 (Ind. Ct. App. 2017). “2006) (citing Ind. Code § 29-3-2-4 (a))). We -will review the trial court’s order for an abuse of discretion.”
In Re: the Guardianship of M.N.S. J.L.M. v. M.S.S, 23 N.E.3d 759 (Ind. Ct. App. 2014). “2006) (citing Ind. Code § 29-3-2-4 (a)). Therefore, we will review the trial court’s order for an abuse of discretion.”
In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney, 56 N.E.3d 719 (Ind. Ct. App. 2016). “Discussion and Decision [12] Molly and Patrick contend that the trial court erred in appointing guardians for Helen.”
Erica Manis v. Trista McNabb, 104 N.E.3d 611 (Ind. Ct. App. 2018). “2006) (citing I.C. § 29-3-2-4(a) ). We review custody decisions for error, with a "preference for granting latitude and deference to our trial judges in family law matters.”
— Ind. Code § 29-3-2-4(a) — 6 cases
Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006). “1996) (citing Ind.Code § 29-3-2-4(a)). *937 Thus, we will review those findings under an abuse of discretion standard.”
Erica Manis v. Trista McNabb, 104 N.E.3d 611 (Ind. Ct. App. 2018). “2006) (citing I.C. § 29-3-2-4(a) ). We review custody decisions for error, with a "preference for granting latitude and deference to our trial judges in family law matters.”
In the Matter of the Guardianship of N.R., N.R. v. Eva Willis & Charles Reagins, Peoples Bank, SB, 26 N.E.3d 97 (Ind. Ct. App. 2015).
Guardianship: Savannah Huff v. Lavon Case (Ind. Ct. App. 2025).
Deborah K. Wagner as Guardian of the Person & Est. of Harry L. Tillman v. Jeffrey L. Finney as Guardian of the Person & Est. of R. Virginia Tillman (Ind. Ct. App. 2013).
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