Ind. Code » Title 29
Indiana Code

Ind. Code § 29-3-9-6 (2026)

Account of administration; filing with court; notice of hearing on account; order of discharge; limitation of actions against sureties

✓ current as of May 2026
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     Sec. 6. (a) Unless otherwise directed by the court, a guardian (other than a temporary guardian) shall file with the court:

(1) at least biennially, not more than thirty (30) days after the anniversary date of the guardian's appointment; and

(2) not more than thirty (30) days after the termination of the appointment;

a written verified account of the guardian's administration.

     (b) A temporary guardian shall file with the court, within thirty (30) days after the termination of the temporary guardian's appointment, and otherwise as ordered by the court, a written verified account of the temporary guardian's administration.

     (c) A written verified account required under this section must include the incapacitated person's or minor's current residence and a description of the condition and circumstances of the incapacitated person or minor, including a specific showing of whether guardianship is still necessary and appropriate, and whether any less restrictive alternatives have been considered or implemented.

     (d) The court shall conduct a hearing on each verified account filed under this section. The court shall give notice to each person entitled to receive notice that an accounting has been filed and will be acted upon by the court on the date set unless written objections are presented to the court on or before that date. The court shall give the notice required by this subsection, unless waived, to the following:

(1) The protected person, unless waived by the court. If notice to the protected person is waived, the court shall give notice to a person who is not the guardian of the protected person in the following priority:

(A) The protected person's spouse.

(B) An adult child of the protected person.

(C) A parent of the protected person.

(D) A guardian ad litem appointed by the court under subsection (e).

(2) In the case of a protected person who has died, the personal representative of the estate of the protected person, if any.

(3) Any other persons that the court directs.

     (e) The court may appoint a guardian ad litem to review on behalf of a protected person an accounting filed under this section if:

(1) the protected person does not have a spouse, an adult child, or a parent; or

(2) the same individual:

(A) served as the protected person's guardian before the death of the protected person; and

(B) is the personal representative of the protected person's estate.

     (f) When an account other than an account in final settlement is filed, the court may approve the same ex parte, but the account may be reviewed by the court at any subsequent time and does not become final until an account in final settlement is approved by the court after notice and hearing.

     (g) When notice of hearing has been given under this section, the order of the court approving the intermediate account or the final account is binding upon all persons.

     (h) When a guardian files with the court proper receipts or other evidence satisfactory to the court showing that the guardian has delivered to the appropriate persons all the property for which the guardian is accountable as guardian, the court shall enter an order of discharge. The order of discharge operates as a release from the duties of the guardian's office that have not yet terminated and operates as a bar to any suit against the guardian and the guardian's sureties, unless the suit is commenced within one (1) year from the date of the discharge.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.76; P.L.99-2013, SEC.8; P.L.68-2019, SEC.3.

 

Notes of Decisions
Cited in 13 cases, 2002–2019 · leading case: First Farmers Bank & Trust Co. v. Whorley, 891 N.E.2d 604 (Ind. Ct. App. 2008).
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First Farmers Bank & Trust Co. v. Whorley, 891 N.E.2d 604 (Ind. Ct. App. 2008). · cites it 6× “Because we decide that I.C. § 29-3-9-6 is not applicable to the instant cause, we need not address First Farmers’ contention that the disputed statute is a statute of repose and not a statute of limitations.”
Guardianship: Ray Lamey M.D. v. Ziemer, Stayman, Weitzel & Shoulders, LLP, 87 N.E.3d 512 (Ind. Ct. App. 2017). · cites it 4× “dance with the Indiana Code section 29-3-9-6. [[Image here]] 5. The [c]ourt hereby appoints the Bank Trustee to serve as guardian over Darviris estate.”
Schwartz v. Schwartz, 773 N.E.2d 348 (Ind. Ct. App. 2002). · cites it 4× “Ind.Code § 29-3-9-6(e) (1994). We note that no final accounting has been filed in this matter and the guardianship estate remains open.”
In Re Guardianship of Stalker, 953 N.E.2d 1094 (Ind. Ct. App. 2011). · cites it 2× “§ 5-14-3-4(a)(9); Pierce never filed any biennial or inventory accounting as required by I.C. § 29-3-9-6. While we do not discount these perceived errors, we do not need to address them on their merits as we choose to decide the due process issue based on the lack of notice.”
Thomas Meranda v. Mary Elizabeth Spaw (Ind. Ct. App. 2019). · cites it 12× “See I.C. § 29-3-9-6(a). Upon the filing of a verified account, the trial court “shall conduct a hearing.”
In Re: The Matter of Joyce Hall Incapacitated Adult, Barbara Rich & Donald Rich v. Imogene Suzann Fischman (mem. dec.) (Ind. Ct. App. 2017). · cites it 8× “” Ind. Code § 29-3-9-6 (h) (formerly Ind. Code § 29-3-9 - 6(g) (amended by Pub.”
Guardianship: Michelle Steege (mem. dec.) (Ind. Ct. App. 2017). · cites it 8× “Ind. Code § 29-3-9-6 (a)(2). In this final accounting, the guardian is “bound to make full disclosure to the court of his transactions, and the law requires of him the exercise of the utmost good faith.”
D.R. v. Carey Servs., Inc., 942 N.E.2d 148 (Ind. Ct. App. 2011). · cites it 2× “I.C. § 29-3-9-6(a)-(b) (requiring accounting on an at least biennial basis for most guardians and accounting within thirty days of the termination of a temporary guardianship).”
Stalker v. Pierce, 953 N.E.2d 1094 (Ind. Ct. App. 2011). · cites it 2× “§ 5 — 14—3—4(a)(9); Pierce never filed any biennial or inventory accounting as required by I.C. § 29-3-9-6. While we do not discount these perceived errors, we do not need to address them on their merits as we choose to decide the due process issue based on the lack of notice.”
In the Matter of the Guardianship of A.P., Adult, Louisa Jurich v. Louis Picicco (mem. dec.) (Ind. Ct. App. 2016). · cites it 4× “[21] We begin our analysis with Indiana Code Section 29-3-9-6, which provides that a guardian’s written verified account must include “the incapacitated person’s .”
In re the Guardianship of K.K.L., C.T.L., Q.C.L., & A.S.L. (minor Child.), Dorothy Denise Carroll (mem. dec.) (Ind. Ct. App. 2016). · cites it 2× “” Ind. Code § 29-3-9-6 (a)(1). Thus, Carroll was required to file an accounting of her guardianship no later than thirty days after the two-year anniversary of her appointment.”
In re the Guardianship of Thora Moulton: Alison E. Clapp (O'Callaghan) v. Donald J. Evans (Ind. Ct. App. 2012). · cites it 2× “With respect to guardianships, pursuant to I.C. § 29-3-9-6 (West, Westlaw through legislation effective May 31, 2012), “[w]hen notice of hearing has been given under this section, the order of the court approving the intermediate account or the final account is 13 binding upon…”
Show all 13 citing cases →
Ind. Code § 29-3-9-6(a): 5 cases
Guardianship: Ray Lamey M.D. v. Ziemer, Stayman, Weitzel & Shoulders, LLP, 87 N.E.3d 512 (Ind. Ct. App. 2017). “dance with the Indiana Code section 29-3-9-6. [[Image here]] 5. The [c]ourt hereby appoints the Bank Trustee to serve as guardian over Darviris estate.”
D.R. v. Carey Servs., Inc., 942 N.E.2d 148 (Ind. Ct. App. 2011). “I.C. § 29-3-9-6(a)-(b) (requiring accounting on an at least biennial basis for most guardians and accounting within thirty days of the termination of a temporary guardianship).”
In Re: The Matter of Joyce Hall Incapacitated Adult, Barbara Rich & Donald Rich v. Imogene Suzann Fischman (mem. dec.) (Ind. Ct. App. 2017). “” Ind. Code § 29-3-9-6 (h) (formerly Ind. Code § 29-3-9 - 6(g) (amended by Pub.”
Thomas Meranda v. Mary Elizabeth Spaw (Ind. Ct. App. 2019). “See I.C. § 29-3-9-6(a). Upon the filing of a verified account, the trial court “shall conduct a hearing.”
In Re Guardianship of JY, 942 N.E.2d 148 (Ind. Ct. App. 2011).
Ind. Code § 29-3-9-6(d): 1 case
Thomas Meranda v. Mary Elizabeth Spaw (Ind. Ct. App. 2019). “See I.C. § 29-3-9-6(a). Upon the filing of a verified account, the trial court “shall conduct a hearing.”
Ind. Code § 29-3-9-6(e): 1 case
Schwartz v. Schwartz, 773 N.E.2d 348 (Ind. Ct. App. 2002). “Ind.Code § 29-3-9-6(e) (1994). We note that no final accounting has been filed in this matter and the guardianship estate remains open.”
Ind. Code § 29-3-9-6(f): 2 cases
Thomas Meranda v. Mary Elizabeth Spaw (Ind. Ct. App. 2019). “See I.C. § 29-3-9-6(a). Upon the filing of a verified account, the trial court “shall conduct a hearing.”
In the Matter of the Guardianship of A.P., Adult, Louisa Jurich v. Louis Picicco (mem. dec.) (Ind. Ct. App. 2016). “[21] We begin our analysis with Indiana Code Section 29-3-9-6, which provides that a guardian’s written verified account must include “the incapacitated person’s .”
Ind. Code § 29-3-9-6(g): 2 cases
First Farmers Bank & Trust Co. v. Whorley, 891 N.E.2d 604 (Ind. Ct. App. 2008). “Because we decide that I.C. § 29-3-9-6 is not applicable to the instant cause, we need not address First Farmers’ contention that the disputed statute is a statute of repose and not a statute of limitations.”
Thomas Meranda v. Mary Elizabeth Spaw (Ind. Ct. App. 2019). “See I.C. § 29-3-9-6(a). Upon the filing of a verified account, the trial court “shall conduct a hearing.”
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