Ind. Code » Title 29
Indiana Code

Ind. Code § 29-3-7-7 (2025)

Persons prohibited from being appointed or from serving as a guardian

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 7. A court may not appoint a person to serve as the guardian or permit a person to continue to serve as a guardian if the person:

(1) is a sexually violent predator (as described in IC 35-38-1-7.5);

(2) was at least eighteen (18) years of age at the time of the offense and was convicted of child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:

(A) by using or threatening the use of deadly force;

(B) while armed with a deadly weapon; or

(C) that resulted in serious bodily injury; or

(3) was less than eighteen (18) years of age at the time of the offense and was convicted as an adult of an offense described in:

(A) IC 35-42-4-1;

(B) IC 35-42-4-2 (before its repeal);

(C) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);

(D) IC 35-42-4-5(a)(1);

(E) IC 35-42-4-5(a)(2);

(F) IC 35-42-4-5(a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441);

(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);

(H) IC 35-42-4-5(b)(2); or

(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014).

As added by P.L.131-2009, SEC.5. Amended by P.L.158-2013, SEC.303; P.L.214-2013, SEC.22; P.L.168-2014, SEC.37; P.L.187-2015, SEC.25; P.L.86-2018, SEC.213; P.L.142-2020, SEC.33.

 

IC 29-3-8Chapter 8. Responsibilities and Powers of Guardian

 

           29-3-8-1Enumerated responsibilities of guardian
           29-3-8-2Powers which guardian may exercise
           29-3-8-3Mandatory responsibilities of guardian
           29-3-8-4Exercise of powers to perform responsibilities; enumeration
           29-3-8-5Sale or encumbrance of guardianship property; conflicts of interest
           29-3-8-6Sale or transfer of guardianship property contrary to terms of protected person's will; election of devisee
           29-3-8-6.5Severance of property jointly owned with rights of survivorship or use of the assets of a multiple party account
           29-3-8-7Sale, division, or disposition of property; contracts entered into before incapacity; performance by guardian
           29-3-8-8Limitations on guardian powers; petition for confidential health disclosure order
           29-3-8-9Requirements, terms, and conditions included in order creating guardianship; requirements for modifying or terminating guardianship; notify and refer to department of child services; conduct of hearing
           29-3-8-10Access of guardian to digital assets; power conferred by court

 

Notes of Decisions
Cited in 4 cases, 2011–2019 · leading case: In the Matter of the Adoption of Minor Child.: I.B. & W.B.: B.B. v. B.C. & J.L., & Indiana Dep't of Child Servs., 32 N.E.3d 1164 (Ind. 2015).
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In the Matter of the Adoption of Minor Child.: I.B. & W.B.: B.B. v. B.C. & J.L., & Indiana Dep't of Child Servs., 32 N.E.3d 1164 (Ind. 2015). · cites it 2× “Just as Indiana Code section 35-50-2-7(c) gives criminal courts discretion at sentencing to enter an A-misdemeanor conviction on what would otherwise be a Class D felony, part (d) of the statute gives them discretion to do so retroactively.”
D.R. v. Carey Servs., Inc., 942 N.E.2d 148 (Ind. Ct. App. 2011). · cites it 6× “I.C. § 29-3-7-7 (Indiana Code 29-3-7 is titled “Qualification and Bonding Requirements for Guardians”).”
In Re Guardianship of JY, 942 N.E.2d 148 (Ind. Ct. App. 2011). · cites it 6× “I.C. § 29-3-7-7 (Indiana Code 29-3-7 is titled "Qualification and Bonding Requirements for Guardians").”
In the Matter of the Guardianship of Shirla Gonzalez Xitumul: Miguel Hernandez Jeronimo, 137 N.E.3d 945 (Ind. Ct. App. 2019). · cites it 2× “The only restrictions on who may be appointed to serve as a guardian based upon the Court of Appeals of Indiana | Opinion 19A-GU-948 | November 20, 2019 Page 11 of 17 status of that person are found in Indiana Code section 29-3-7-7, and all concern persons with criminal records.”
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