§ 29-3-6-2 — Notice; form and contents; copy of petition to be attached

Indiana § 29-3-6-2

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 6: Notice of Hearings

Text

A copy of the petition shall be attached to the
notice, and the notice must be in substantially the following form:
NOTICE
TO: (name and address of person receiving notice)
On (date of hearing) at (time of hearing) in (place of hearing) at
(city), Indiana, the (name and address of court) will hold a hearing to
determine whether a guardian should be appointed or a protective order
should be issued for (name of alleged incapacitated person or minor).
A copy of the petition requesting appointment of a guardian or for the
issuance of a protective order is attached to this notice.
At the hearing the court will determine whether (name of alleged
incapacitated person or minor) is an incapacitated person or minor
under Indiana law. This proceeding may substantially affect the rights
of (name of alleged incapacitated person or minor).
If the court finds that (name of alleged incapacitated person or
minor) is an incapacitated person or minor, the court at the hearing
shall also consider whether (name of proposed guardian, if any) should
be appointed as guardian of (name of alleged incapacitated person or
minor). The court may, in its discretion, appoint some other qualified
person as guardian. The court may also, in its discretion, limit the
powers and duties of the guardian to allow (name of alleged
incapacitated person or minor) to retain control over certain property
and activities. The court may also determine whether a protective order
should be entered on behalf of (name of alleged incapacitated person
or minor).
(Name of alleged incapacitated person) may attend the hearing and
be represented by an attorney. The petition may be heard and
determined in the absence of (name of alleged incapacitated person) if
the court determines that the presence of (name of alleged
incapacitated person) is not required. If (name of alleged incapacitated
person) attends the hearing, opposes the petition, and is not represented
by an attorney, the court may appoint an attorney to represent (name of
alleged incapacitated person). The court may, where required, appoint
a guardian ad litem to represent (name of alleged incapacitated person
or minor) at the hearing.
The court may, on its own motion or on request of any interested
person, postpone the hearing to another date and time.
________________________________
(signature of clerk of the court)

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.9; P.L.77-1992, SEC.6; P.L.6-2010, SEC.11; P.L.162-2022, SEC.19.