Ind. Code » Title 29
Indiana Code

Ind. Code § 29-3-2-4 (2025)

Discretion of court; binding orders

✓ 2025 Indiana Code: the 2026 session is not included
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     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).
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Chavis v. Patton, 683 N.E.2d 253 (Ind. Ct. App. 1997). · cites it 4× “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). · cites it 4× “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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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.”
Show all 45 citing cases →
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, No. 24A-GU-01997 (Ind. Ct. App. May 15, 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, No. 82A05-1207-GU-375 (Ind. Ct. App. June 13, 2013).
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