§ 29-3-5-3 — Findings; appointment of guardian; limited guardianship; protective orders

(a) Except under subsection (c), if it is alleged
and the court finds that:
(1) the individual for whom the guardian is sought is an
incapacitated person or a minor; and
(2) the appointment of a guardian is necessary as a means of
providing care and supervision of the physical person or property
of the incapacitated person or minor;
the court shall appoint a guardian under this chapter.
(b) If it is alleged and the court finds that the welfare of an
incapacitated person would be best served by limiting the scope of the
guardianship, the court shall make the appointive or other orders under
this chapter to:
(1) encourage development of the incapacitated person's
self-improvement, self-reliance, and independence; and
(2) contribute to the incapacitated person's living as normal a life
as that person's condition and circumstances permit without
psychological or physical harm to the incapacitated person.
(c) If the court finds that it is not in the best interests of the
incapacitated person or minor to appoint a guardian, the court may:
(1) treat the petition as one for a protective order and proceed
accordingly;
(2) enter any other appropriate order; or
(3) dismiss the proceedings.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.69.