Sec. 1. (a) The guardian of a minor (other than a
temporary guardian) has all of the responsibilities and authority of a
parent and, unless otherwise ordered by the court, is responsible for the
preservation of all the minor's property regardless of where the property
is located. In addition and without limitation, the guardian:
(1) must be or shall become sufficiently acquainted with the
minor and maintain sufficient contact with the minor to know of
the minor's capabilities, disabilities, limitations, needs,
opportunities, and physical and mental health;
(2) shall, upon termination of the guardianship, comply with the
applicable provisions of IC 29-3-12;
(3) to the extent the available parental income and property are
insufficient to fulfill the parental obligation of support to the
minor, shall apply the guardianship income and, to the extent the
guardianship income is insufficient, the principal of the
guardianship property to the minor's current needs for support,
and protect and conserve that portion of the minor's property that
is in excess of the minor's current needs;
(4) shall report the physical and mental condition of the minor to
the court as ordered by the court; and
(5) has any other responsibilities that the court may order.
(b) The guardian (other than a temporary guardian) of an
incapacitated person is responsible for the incapacitated person's care
and custody and for the preservation of the incapacitated person's
property to the extent ordered by the court. In addition and without
limitation, the guardian of an incapacitated person:
(1) has, with respect to the incapacitated person, the same
responsibilities as those of a guardian of a minor enumerated in
subsection (a)(1), (a)(3), and (a)(4);
(2) shall, upon termination of the guardianship, comply with the
applicable provisions of IC 29-3-12; and
(3) has any other responsibilities that the court may order.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,
SEC.10.
Notes of Decisions
In Re Guardianship of Phillips, 926 N.E.2d 1103 (Ind. Ct. App. 2010).
· cites it 2× “" Ind.Code § 29-3-8-1(b). Hudson filed her petition to do estate planning and revoke the Joint Trust "pursuant to [Indiana Code section] 29-3-9-4 generally and [Indiana Code section] 30-4-3-1.”
In Re Guardianship of Stalker, 953 N.E.2d 1094 (Ind. Ct. App. 2011).
· cites it 2× “In order to perform his or her responsibilities, the guardian must become sufficiently acquainted with the protected person and maintain sufficient contact with the protected person to know of this person's capabilities, disabilities, limitations, needs, opportunities, and…”
Foman v. Moss, 681 N.E.2d 1113 (Ind. Ct. App. 1997).
· cites it 3× “CODE § 29-3-8-1 (1993). This requires the guardian to familiarize himself with the protected person's "capabilities, disabilities, limitations, needs, opportunities, and physical and mental health.”
Wells v. Guardianship of Wells, 731 N.E.2d 1047 (Ind. Ct. App. 2000).
· cites it 2× “Intervenor contends that the decision to allow Jerry Wells to move the mobile home onto Myrtle’s property contravenes IC § 29-3-8-1 (West 1994), which states: The guardian (other than a temporary guardian) of an incapacitated person is responsible for the incapacitated person’s…”
Hinkley v. Chapman, 817 N.E.2d 1288 (Ind. Ct. App. 2004).
· cites it 2× “See Ind.Code § 29-3-8-1(a) (Burns Code Ed. Repl.”
Est. of Prickett v. Womersley, 885 N.E.2d 619 (Ind. Ct. App. 2008).
· cites it 2× “…payment of claims held by those in a non-fiduciary capacity for services rendered to a protected person or ward. See I.C. § 29-3-8-1 et seq.”
D.R. v. Carey Servs., Inc., 942 N.E.2d 148 (Ind. Ct. App. 2011).
· cites it 2× “I.C. § 29-3-8-1 (setting forth the responsibilities of a guardian subject to the limits expressed in the court order appointing the guardian); I.”
Richard Frye v. Sarah (Frye) Mosby (mem. dec.), No. 49A05-1711-DR-2671 (Ind. Ct. App. July 16, 2018).
· cites it 2× “Further, Indiana Code section 29-3-8-1(b) provides, in part, that a guardian to “an incapacitated person is responsible for the incapacitated person’s care” needs, and opportunities.”
Suzanne Throgmartin v. Wilson S. Stober & Christopher E. Clark, No. 49A02-1307-CT-656 (Ind. Ct. App. Mar. 3, 2014).
· cites it 3× “In the agreed order appointing Allen as guardian, the following provisions were included: “Upon taking such oath, the Clerk of this Court is directed to issue letters of guardianship of the person and estate to Kathryn Allen without any limitations as to her duties,…”
Ind. Code § 29-3-8-1(a): 1 case
Hinkley v. Chapman, 817 N.E.2d 1288 (Ind. Ct. App. 2004).
“See Ind.Code § 29-3-8-1(a) (Burns Code Ed. Repl.”
Ind. Code § 29-3-8-1(a)(1): 2 cases
In Re Guardianship of Stalker, 953 N.E.2d 1094 (Ind. Ct. App. 2011).
“In order to perform his or her responsibilities, the guardian must become sufficiently acquainted with the protected person and maintain sufficient contact with the protected person to know of this person's capabilities, disabilities, limitations, needs, opportunities, and…”
Ind. Code § 29-3-8-1(b): 4 cases
In Re Guardianship of Phillips, 926 N.E.2d 1103 (Ind. Ct. App. 2010).
“" Ind.Code § 29-3-8-1(b). Hudson filed her petition to do estate planning and revoke the Joint Trust "pursuant to [Indiana Code section] 29-3-9-4 generally and [Indiana Code section] 30-4-3-1.”
Richard Frye v. Sarah (Frye) Mosby (mem. dec.), No. 49A05-1711-DR-2671 (Ind. Ct. App. July 16, 2018).
“Further, Indiana Code section 29-3-8-1(b) provides, in part, that a guardian to “an incapacitated person is responsible for the incapacitated person’s care” needs, and opportunities.”
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