§ 29-3-12-4 — Removal, resignation, or death of guardian; final accounting; appointment of successor; effect of removal on validity of guardian's acts

Indiana § 29-3-12-4

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 12: Termination of Guardianships and Protective Orders

Text

(a) The court may remove a guardian on its
own motion or on petition of the protected person or any person
interested in the guardianship, after notice and hearing, on the same
grounds and in the same manner as is provided under IC 29-1-10-6 for
the removal of a personal representative. The court may accept the
resignation of a guardian. Upon the death of the guardian, the
guardian's personal representative shall submit a final account of
guardianship to the court in accordance with IC 29-3-9-6. Upon the
resignation or removal of the guardian, the guardian shall give a final
accounting to the court.
(b) If the appointment of a successor guardian is required, the court
shall appoint a qualified successor guardian to succeed to the title,
powers, and duties of the predecessor guardian unless otherwise
ordered by the court.
(c) The removal or resignation of a guardian after letters are duly
issued to the guardian does not by itself invalidate the guardian's acts
and omissions prior to removal. A final order under IC 29-3-9-6
protects the successor guardian and the successor guardian's surety to
the same extent that it protects the successor guardian's predecessor
and surety.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.13.