§ 29-1-19-5 — Petition for appointment

Indiana § 29-1-19-5

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 19: Department of Veterans Affairs

Text

(a) A petition for the appointment of a guardian
may be filed by any relative or friend of the incapacitated person or
minor or by any person who is authorized by law to file such a petition.
If there is no person authorized to file or if the person authorized to file
refuses or fails to file a petition within thirty (30) days after mailing of
notice by the Department to the last known address of the person, if
any, indicating the necessity for the filing of a petition, a petition for
appointment may be filed by any resident of Indiana.
(b) The petition for appointment shall set forth the name, age, place
of residence of the protected person, the name and place of residence
of the nearest relative, if known, and the fact that the protected person
is entitled to receive benefits payable by or through the Department and
shall set forth the amount of money then due and the amount of
probable future payments.
(c) The petition shall also set forth the name and address of the
person or institution, if any, having actual custody of the protected
person and the name, age, relationship, if any, occupation, and address
of the proposed guardian, and, if the nominee is a natural person, the
number of protected persons for whom the nominee is presently acting
as guardian. Notwithstanding any law as to priority of persons entitled
to appointment, or the nomination in the petition, the court may appoint
some other individual or a bank or trust company as guardian, if the
court determines it is for the best interest of the protected person.
(d) In the case of an incapacitated person the petition shall show that
the person has been rated incapacitated by the Department on
examination in accordance with the laws and regulations governing the
Department.
Formerly: Acts 1953, c.112, s.2005. As amended by
P.L.33-1989, SEC.43.