§ 29-3-10-1 — Payment of debts incurred on behalf of protected person; payment of claims; actions against guardian; filing of claims

Indiana § 29-3-10-1

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 10: Claims Against Protected Persons

Text

(a) Without prior order of the court, a guardian
shall pay from the guardianship property all indebtedness that the
guardian has reasonably incurred in good faith on behalf of the
protected person.
(b) Upon order of the court, a guardian shall pay from the protected
person's property for which the guardian is responsible any claim
against the protected person or the protected person's property, that the
court determines has merit.
(c) Claims based on:
(1) contracts entered into by a guardian in the guardian's official
capacity;
(2) obligations arising from ownership or control of the property
for which the guardian is responsible; or
(3) acts or omissions in the course of administration of the
guardianship;
may be asserted against the guardianship by proceeding against the
guardian in the guardian's official capacity, whether or not the guardian
is personally liable.
(d) Any person having a claim against the protected person or the
protected person's property or against the guardian as such may file the
claim with the court at any time before the claim is barred by the
statute of limitations and, upon proof of the claim, procure an order for
its allowance and payment from the guardianship property. However,
if a claim is filed within sixty (60) days before the date that a protected
person attains the age of majority or regains capacity:
(1) the claim shall be stayed until the sixty (60) day period has
elapsed;
(2) the protected person shall be substituted as a party; and
(3) the guardian shall prepare and file the guardian's account
without regard to the claim.

Legislative History

As added by P.L.169-1988, SEC.1.