§ 29-3-6-1 — Notice of petition and hearing; persons to whom notice must be given; waiver of notice

(a) When a petition for appointment of a
guardian or for the issuance of a protective order is filed with the court,
notice of the petition and the hearing on the petition shall be given
through the E-filing System of the Indiana Courts or by first class
postage prepaid mail as follows:
(1) If the petition is for the appointment of a successor guardian,
notice shall be given unless the court, for good cause shown,
orders that notice is not necessary.
(2) If the petition is for the appointment of a temporary guardian,
notice shall be given as required by IC 29-3-3-4.
(3) If the subject of the petition is a minor, notice of the petition
and the hearing on the petition shall be given to the following
persons whose whereabouts can be determined upon reasonable
inquiry:
(A) The minor, if at least fourteen (14) years of age, unless the
minor has signed the petition.
(B) Any living parent of the minor, unless parental rights have
been terminated by a court order.
(C) Any person alleged to have had the principal care and
custody of the minor during the sixty (60) days preceding the
filing of the petition.
(D) Any other person that the court directs.
(4) If it is alleged that the person is an incapacitated person,
notice of the petition and the hearing on the petition shall be given
to the following persons whose whereabouts can be determined
upon reasonable inquiry:
(A) The alleged incapacitated person, the alleged incapacitated
person's spouse, and the alleged incapacitated person's adult
children, or if none, the alleged incapacitated person's parents.
(B) Any person who is serving as a guardian for, or who has the
care and custody of, the alleged incapacitated person.
(C) In case no person other than the incapacitated person is
notified under clause (A), at least one (1) of the persons most
closely related by blood or marriage to the alleged incapacitated
person.
(D) Any person known to the petitioner to be serving as the
alleged incapacitated person's attorney-in-fact under a durable
power of attorney.
(E) Any other person that the court directs.
Notice is not required under this subdivision if the person to be
notified waives notice or appears at the hearing on the petition.
(b) Whenever a petition (other than one for the appointment of a
guardian or for the issuance of a protective order) is filed with the
court, notice of the petition and the hearing on the petition shall be
given to the following persons, unless they appear or waive notice:
(1) The guardian.
(2) Any other persons that the court directs, including the
following:
(A) Any department, bureau, agency, or political subdivision of
the United States or of this state that makes or awards
compensation, pension, insurance, or other allowance for the
benefit of an alleged incapacitated person.
(B) Any department, bureau, agency, or political subdivision of
this state that may be charged with the supervision, control, or
custody of an alleged incapacitated person.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.8; P.L.95-2007, SEC.13; P.L.143-2009, SEC.15; P.L.178-2011, SEC.5; P.L.162-2022, SEC.18.