§ 29-3-4-1 — Protective orders; notice and hearing; findings; protective arrangements

Indiana § 29-3-4-1

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 4: Protective Proceedings and Single Transactions

Text

(a) Upon petition by any person and after a
hearing under IC 29-3-5, the court may issue, without the appointment
of a guardian, any protective order for the benefit of a person who has
been adjudicated an incapacitated person or is a minor.
(b) Notice of the filing of a petition under this chapter for the
issuance of a protective order and the hearing on the petition shall be
given under IC 29-3-6.
(c) Incapacitated persons and minors have the same rights at the
hearing on a petition filed under this chapter for the issuance of a
protective order as they would have at a hearing for the appointment of
a guardian.
(d) The court may issue a protective order concerning an
incapacitated person if the court finds that:
(1) the incapacitated person:
(A) owns property or has income requiring management or
protection that cannot otherwise be provided;
(B) has or may have financial or business affairs that may be
jeopardized or impaired; or
(C) has property that needs to be managed to provide for the
support or protection of the incapacitated person;
(2) the incapacitated person is unable to manage the incapacitated
person's property and financial or business affairs effectively; and
(3) the protection sought is necessary.
The court shall make the orders that it considers proper and appropriate
to protect the person, business affairs, and property of the incapacitated
person.
(e) The court may issue a protective order concerning a minor if the
court finds that:
(1) the minor:
(A) owns property or has income requiring management or
protection that cannot otherwise be provided;
(B) has or may have financial or business affairs that may be
jeopardized or impaired; or
(C) has property that needs to be managed to provide for the
support or protection of the minor; and
(2) the protection sought is necessary.
The court shall make the orders it considers proper and appropriate to
protect the person, business affairs, and property of the minor.
(f) If the court finds grounds for a protective order under subsection
(d) or (e), it may, without appointing a guardian, declare the person to
be a protected person and authorize or ratify any transaction necessary
or desirable to meet the needs of the protected person. Protective
arrangements include the following:
(1) The payment, delivery, deposit, or retention of property.
(2) The sale, mortgage, lease, or other transfer of property.
(3) The entry into an annuity contract, a contract for life care, a
deposit contract, or a contract for training and educating a person.
(4) The addition to or establishment of a suitable trust.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.66; P.L.6-2010, SEC.9.