Indiana Code
Ind. Code § 29-3-8-5 (2026)
Sale or encumbrance of guardianship property; conflicts of interest
✓ current as of May 2026
Sec. 5. (a) Any:
(1) sale or encumbrance of any part of the property of a protected person to a guardian or guardian's spouse, agent, attorney, or any corporation, trust, or other organization in which the guardian has a substantial beneficial interest; or
(2) other transaction involving the property that is affected by a substantial conflict between the interest of the protected person and the guardian's personal interest;
is void unless approved by the court.
(b) Every contract, sale, or conveyance executed by a protected person is void unless the protected person is a minor, in which event the contract, sale, or conveyance is voidable.
As added by P.L.169-1988, SEC.1. Amended by P.L.238-2005, SEC.15.
Notes of Decisions
Cited in 7
cases, 2004–2020 · leading case: In Re the Guardianship of Knepper, 856 N.E.2d 150 (Ind. Ct. App. 2006).
In Re the Guardianship of Knepper, 856 N.E.2d 150 (Ind. Ct. App. 2006). “The grandchildren maintain that the provisions of Indiana Code section 29-3-8-5 require the "transaction" to be set aside because the beneficiary change had not been approved by the court.”
City of Mishawaka v. Kvale, 810 N.E.2d 1129 (Ind. Ct. App. 2004). “Application of Indiana Code Section 29-3-8-5(b) Second, City argues that the trial court erred by granting summary judgment to the Estate on the Estate's claim that the mortgage agreements at issue are void.”
Est. of Prickett v. Womersley, 905 N.E.2d 1008 (Ind. 2009). “See I.C. § 29-3-8-5(b) ("Every contract, sale, or conveyance executed by a protected person is void.”
In re the Guardianship of Knepper, 861 N.E.2d 717 (Ind. Ct. App. 2007). “The grandchildren petition for rehearing, urging us to reconsider our conclusion that they waived their argument regarding the applicability of Indiana Code section 29-3-8-5, 1 which purportedly required the trial court’s approval before a beneficiary change on Knepper’s…”
Guardianship of Phyllis D. Hayes, an Adult, Joann Hayes & Dianna Hale v. Kenneth J. Hayes, 10 N.E.3d 42 (Ind. Ct. App. 2014). “In response to Jo Ann and Dianna’s motion for summary judgment, Kenneth argued that Indiana Code Section 29-3-8-5 did not apply because Kenneth was not Phyllis's guardian and Phyllis was not a protected person when she made the sale available to Kenneth in 2005.”
Lynn A. Johnson v. Michele Bradberry, as Pers. Rep. of the Est. of Anthony O. Johnson, (mem. dec.) (Ind. Ct. App. 2020). “This was impermissible without court approval under Indiana Code Section 29-3-8-5. 6 [11] As for the $14,500 gift, an invoice prepared by Lynn in 2014 indicates that her husband billed Anthony for a cherry wood grandfather clock and ice chest that he had built sometime between…”
Loveless v. State, 896 N.E.2d 918 (Ind. Ct. App. 2008). “Loveless relies on Ind.Code § 29-3-8-5(b): "Every contract, sale, or conveyance executed by a protected person is void unless the protected person is a minor, in which event the contract, sale, or conveyance is voidable.”
— Ind. Code § 29-3-8-5(a) — 1 case
Guardianship of Phyllis D. Hayes, an Adult, Joann Hayes & Dianna Hale v. Kenneth J. Hayes, 10 N.E.3d 42 (Ind. Ct. App. 2014). “In response to Jo Ann and Dianna’s motion for summary judgment, Kenneth argued that Indiana Code Section 29-3-8-5 did not apply because Kenneth was not Phyllis's guardian and Phyllis was not a protected person when she made the sale available to Kenneth in 2005.”
— Ind. Code § 29-3-8-5(b) — 3 cases
City of Mishawaka v. Kvale, 810 N.E.2d 1129 (Ind. Ct. App. 2004). “Application of Indiana Code Section 29-3-8-5(b) Second, City argues that the trial court erred by granting summary judgment to the Estate on the Estate's claim that the mortgage agreements at issue are void.”
Est. of Prickett v. Womersley, 905 N.E.2d 1008 (Ind. 2009). “See I.C. § 29-3-8-5(b) ("Every contract, sale, or conveyance executed by a protected person is void.”
Loveless v. State, 896 N.E.2d 918 (Ind. Ct. App. 2008). “Loveless relies on Ind.Code § 29-3-8-5(b): "Every contract, sale, or conveyance executed by a protected person is void unless the protected person is a minor, in which event the contract, sale, or conveyance is voidable.”
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