§ 29-2-8-1 — Guardians; appointment; revocation

Indiana § 29-2-8-1

• Jurisdiction: Indiana
• Art. 2: MISCELLANEOUS PROVISIONS
• Ch. 8: Conservatorship of Estate of Missing Serviceman or

Text

Whenever a person (referred to as an absentee)
serving in or with the armed forces of the United States, or a person
serving as a Merchant Marine of the United States, has been reported
or listed as:
(1) missing;
(2) missing in action;
(3) interned in a neutral country; or
(4) beleaguered, besieged, or captured by an enemy;
has an interest in property in Indiana or is a legal resident of Indiana
and has not provided an adequate power of attorney authorizing
another to act in regard to the property or interest, a court having
probate jurisdiction in the county of the absentee's legal domicile or in
the county where the property, or a part of the property, is situated, may
appoint a guardian to manage the absentee's property, under the
supervision of the court. The guardian may be appointed upon the
filing of a verified petition alleging the facts and showing the necessity
for the management and control of the property of the absentee made
by an interested person, or on the court's own motion, after notice to or
the filing of waiver of notice from the presumptive heirs of the
absentee. Within ten (10) days after appointment the guardian shall
publish a notice of appointment in a newspaper of general circulation
in the county once each week for three (3) weeks and shall mail a copy
of the notice to the absentee addressed to the absentee's last known
address. Any interested person may on application to the court require
the guardian to show cause why the appointment should not be
revoked. If an appointment is revoked, the revocation shall be without
prejudice to the rights and interests of any person who relied upon it in
good faith.
Formerly: Acts 1945, c.35, s.1. As amended by P.L.33-1989,
SEC.52.