§ 29-3-3-4 — Temporary guardians; notice; hearing; suspension of guardian; powers and responsibilities

Indiana § 29-3-3-4

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 3: Proceedings in Lieu of Guardianships

Text

(a) If:
(1) a guardian has not been appointed for an incapacitated person
or minor;
(2) an emergency exists;
(3) the welfare of the incapacitated person or minor requires
immediate action; and
(4) no other person appears to have authority to act in the
circumstances;
the court, on petition by any person or on its own motion, may appoint
a temporary guardian for the incapacitated person or minor for a
specified period not to exceed ninety (90) days. Upon notice and
hearing, the court may, with good cause shown, grant one (1) extension
of the temporary guardianship for not more than ninety (90) days. No
such appointment shall be made except after notice and hearing unless
it is alleged and found by the court that immediate and irreparable
injury to the person or injury, loss, or damage to the property of the
alleged incapacitated person or minor may result before the alleged
incapacitated person or minor can be heard in response to the petition.
If a temporary guardian is appointed without advance notice and the
alleged incapacitated person or minor files a petition that the
guardianship be terminated or the court order modified, the court shall
hear and determine the petition at the earliest possible time.
(b) If:
(1) a petition is filed under this section for the appointment of a
temporary guardian; and
(2) each person required to receive notice under IC 29-3-6-1(a)
has not:
(A) received a complete copy of the petition and notice required
by IC 29-3-6-2 before the court considers and acts on the
petition; or
(B) received actual notice of the filing of the petition and
specifically waived in writing the necessity for service of the
notice required under IC 29-3-6-2 before the court considers
and acts on the petition;
the petitioner shall, on the earlier of the date the court enters an order
scheduling a hearing on the petition or the date the court enters an
order appointing a temporary guardian, serve complete copies of the
petition, the court's order, and the notice required by IC 29-3-6-2 on
every person entitled to receive notice under IC 29-3-6-1(a) and on
each additional person to whom the court directs that notice be given.
The requirements of this subsection are in addition to the petitioner's
obligations under Rule 65 of the Indiana Rules of Trial Procedure to
make a specific showing of the petitioner's efforts to provide advance
notice to all interested persons or the reasons why advance notice
cannot or should not be given.
(c) If the court finds that a previously appointed guardian is not
effectively performing fiduciary duties and that the welfare of the
protected person requires immediate action, the court may suspend the
authority of the previously appointed guardian and appoint a temporary
guardian for the protected person for any period fixed by the court. The
authority of the previously appointed guardian is suspended as long as
a temporary guardian appointed under this subsection has authority to
act.
(d) A temporary guardian appointed under this section has only the
responsibilities and powers that are ordered by the court. The court
shall order only the powers that are necessary to prevent immediate and
substantial injury or loss to the person or property of the alleged
incapacitated person or minor in an appointment made under this
section.
(e) Proceedings under this section are not subject to the provisions
of IC 29-3-4.
(f) A proceeding under this section may be joined with a proceeding
under IC 29-3-4 or IC 29-3-5.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.65; P.L.154-1990, SEC.13; P.L.178-2011, SEC.3; P.L.161-2018, SEC.36.