Sec. 4. (a) The court shall appoint as guardian a
qualified person or persons most suitable and willing to serve, having
due regard to the following:
(1) Any request made by a person alleged to be an incapacitated
person, including designations in a durable power of attorney
under IC 30-5-3-4(a).
(2) Any request made for a minor by:
(A) a parent of the minor; or
(B) a de facto custodian of the minor, including a designation
in a power of attorney under IC 30-5-3-4(b) or IC 30-5-3-4(c).
(3) Any request contained in a will or other written instrument.
(4) A designation of a standby guardian under IC 29-3-3-7.
(5) Any request made by a minor who is at least fourteen (14)
years of age.
(6) Any request made by the spouse of the alleged incapacitated
person.
(7) The relationship of the proposed guardian to the individual for
whom guardianship is sought.
(8) Any person acting for the incapacitated person under a
durable power of attorney.
(9) The best interest of the incapacitated person or minor and the
property of the incapacitated person or minor.
(b) In addition to subsection (a), section 4.1 of this chapter applies
when a prospective guardian is a person with a disability.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,
SEC.7; P.L.149-1991, SEC.3; P.L.190-2016, SEC.39; P.L.194-2017,
SEC.7; P.L.146-2021, SEC.1.
Notes of Decisions
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009).
· cites it 18× “'s] co-guardians" under Indiana Code Sections 29-3-5-4 and -5. Appellants' Brief at 22.”
Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006).
· cites it 8× “Code § 30-5-3-4(a); see also Ind.Code §§ 29-3-5-4; 29-3-5-5. Therefore, we remand with instructions to: (1) have the Estate Guardians file an accounting and inventory for Hollenga's estate; (2) remove the Estate Guardians as guardians over Hollenga's estate; and (3) appoint Cook…”
Ault v. Brewer, 922 N.E.2d 82 (Ind. Ct. App. 2010).
· cites it 2× “Therefore, Toby made no nomination in a power of attorney that would make applicable the considerations of Indiana Code section 30-5-8-4, or the priorities favoring attorneys-in-fact in Indiana Code section 29-3-5-4 and 5. Appellants also contend that there was no evidence or…”
D.R. v. Carey Servs., Inc., 942 N.E.2d 148 (Ind. Ct. App. 2011).
· cites it 10× “I.C. § 29-3-5-4 (emphasis added). The statutes also set forth a priority listing for individuals who may be considered for appointment as a guardian, but a court may disregard any individual with priority if such is in the best interests of the protected person.”
In Re Guardianship of JY, 942 N.E.2d 148 (Ind. Ct. App. 2011).
· cites it 10× “I.C. § 29-3-5-4 (emphasis added). The statutes also set forth a priority listing for individuals who may be considered for appointment as a guardian, but a court may disregard any individual with priority if such is in the best interests of the protected person.”
— Ind. Code § 29-3-5-4(2) — 1 case
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009).
“'s] co-guardians" under Indiana Code Sections 29-3-5-4 and -5. Appellants' Brief at 22.”
— Ind. Code § 29-3-5-4(5) — 1 case
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009).
“'s] co-guardians" under Indiana Code Sections 29-3-5-4 and -5. Appellants' Brief at 22.”
— Ind. Code § 29-3-5-4(7) — 3 cases
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009).
“'s] co-guardians" under Indiana Code Sections 29-3-5-4 and -5. Appellants' Brief at 22.”
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