§ 29-3-8-4 — Exercise of powers to perform responsibilities; enumeration

Indiana § 29-3-8-4

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 8: Responsibilities and Powers of Guardian

Text

A guardian (other than a temporary guardian)
may exercise all of the powers required to perform the guardian's
responsibilities, including the following:
(1) To receive and issue a receipt for property payable to the
protected person or the protected person's parent, guardian, or
custodian from any source, including any statutory benefit,
insurance system, or any private contract, devise, trust,
guardianship, or custodianship.
(2) If reasonable, to delegate to the protected person certain
responsibilities for decisions affecting the protected person's
business affairs and well-being.
(3) To invest and reinvest the property of the protected person in
accordance with powers vested in, and according to the standards
imposed upon, trustees under IC 30-4-3-3(c).
(4) To secure the appointment of a guardian or co-guardian in any
other state, when needed, with respect to any part or all of the
guardianship property located in another state, to confer upon the
appointed guardian any or all of the guardian's powers as guardian
with respect to the property.
(5) To continue any business of the protected person, whether in
corporate, partnership, or proprietorship form, according to the
rules for continuing the business of a decedent specified in IC 29-1-13-11.
(6) To pay to the person, guardian, department, bureau, or agency
having care and custody of the protected person, or to the
protected person if at least fourteen (14) years of age, a
reasonable amount to be expended for the support of the protected
person and the protected person's dependents, with due regard to
the following:
(A) The size of the guardianship property, the probable duration
of the guardianship, and the extent to which the protected
person in the future may be self-sufficient and able to manage
the protected person's financial affairs and property.
(B) The accustomed standard of living of the protected person
and the protected person's dependents.
(C) Other funds or sources used for the support of the protected
person and the protected person's dependents.
(7) To distribute income and discretionary amounts of principal
in one (1) or more of the following ways as the guardian believes
to be in the best interests of the protected person:
(A) Directly to the protected person.
(B) To a guardian of the protected person appointed in another
state.
(C) To a custodian for the protected person under IC 30-2-8.5.
(D) To an adult relative of the protected person.
(E) By expending the money or using the property directly for
the benefit of the protected person.
(8) To apply the guardianship property to or for the benefit of any
person, including the protected person, in reimbursement for
reasonable expenditures made in good faith on behalf of the
protected person that the guardian might have made, or in
advance for services to be rendered to the protected person if it is
reasonable to expect that the services will be performed and
advance payments are reasonably necessary under the
circumstances.
(9) To bind all or any part of the guardianship property in a
transaction for the benefit of the protected person, unless the third
party dealing with the guardian is acting in bad faith.
(10) Except as provided in IC 29-3-2-6(d), powers conferred upon
trustees and personal representatives respectively by IC 30-4-3-3
and IC 29-1-7.5-3. However, if there is a conflict, the broader
power controls.
(11) To exercise on behalf of the protected person powers that are
the same as those granted to the parent of a minor under IC 29-3-3-3.
(12) To petition the court to request the authority to petition for
dissolution of marriage, legal separation, or annulment of
marriage on behalf of the protected person, if the protected person
is an incapacitated person, as provided under IC 29-3-9-12.2.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.267-1989, SEC.1; P.L.77-1992, SEC.7; P.L.83-2014, SEC.2.