§ 29-3-9-12.2 — Petition for authority to petition for dissolution, legal separation, or annulment; granting petition; considerations; petition not required for certain actions

Indiana § 29-3-9-12.2

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 9: Matters Other Than Appointment

Text

2. (a) If a guardian of an incapacitated
person determines that:
(1) a dissolution of the incapacitated person's marriage;
(2) a legal separation of the incapacitated person and the
incapacitated person's spouse; or
(3) an annulment of the incapacitated person's marriage;
is in the best interests of the incapacitated person, the guardian shall
petition the court to request the authority to petition for a dissolution of
marriage, a legal separation, or an annulment of marriage on behalf of
the incapacitated person.
(b) The petition to request authority described in subsection (a) must
set forth the following:
(1) The purpose for petitioning for dissolution of marriage, legal
separation, or annulment of marriage.
(2) The names and addresses of all the following:
(A) The incapacitated person's spouse.
(B) If the incapacitated person has adult children, any adult
children of the incapacitated person who are not guardians of
the incapacitated person.
(C) If the incapacitated person is a minor, a parent of the
incapacitated person whose parental rights have not been
terminated.
(c) A guardian that petitions the court to request authority as
described in subsection (a) shall provide a copy of the petition, on or
before the date the petition is filed, to all the following:
(1) The individuals listed in subsection (b)(2).
(2) Any other interested person as ordered by the court.
(d) The court shall:
(1) set a date for a hearing on the petition to request authority
described in subsection (a);
(2) notify:
(A) all the parties; and
(B) any other individual listed in subsection (c);
of the hearing at least thirty (30) days before the hearing; and
(3) hold a hearing on the petition to request authority described in
subsection (a).
(e) If the court determines by clear and convincing evidence that
petitioning for:
(1) a dissolution of the incapacitated person's marriage;
(2) a legal separation of the incapacitated person and the
incapacitated person's spouse; or
(3) an annulment of the incapacitated person's marriage;
is in the best interests of the incapacitated person, considering the
totality of the circumstances, including the desire and interests of the
spouse in remaining married, the court shall grant the petition and
authorize the guardian to petition for dissolution of marriage, legal
separation, or annulment of marriage on behalf of the incapacitated
person.
(f) In making a determination under subsection (e), the court shall
consider the risk of harm to the incapacitated person's physical or
mental health, safety, or property if the court does not grant the petition
and authorize the guardian to petition for dissolution of marriage, legal
separation, or annulment of marriage on behalf of the incapacitated
person.
(g) In making a determination under subsection (e), the court shall
also give appropriate weight to evidence of:
(1) the incapacitated person's intent or preferences; or
(2) a prior decision of the incapacitated person;
for or against a dissolution of marriage, a legal separation, or an
annulment of marriage. The court may reduce the weight given to
evidence of the intent, preferences, or prior decisions of the
incapacitated person if the court concludes, from all of the relevant
facts and circumstances, that the passage of time, the relevant
circumstances at the time of a prior statement or action by the
incapacitated person, or changed circumstances after a prior statement
or action make the prior statement or action less reliable evidence of
the incapacitated person's best interests and current preferences. The
court may give no weight to evidence considered under this subsection
that the court concludes is unreliable evidence of the incapacitated
person's best interests and current preferences.
(h) This section does not require a guardian of an incapacitated
person to file a petition under this section in order to:
(1) defend the incapacitated person against a petition for
dissolution, legal separation, or annulment of marriage that was
filed before or after the filing of the petition for guardianship; or
(2) finalize:
(A) a dissolution of the incapacitated person's marriage;
(B) a legal separation between the incapacitated person and the
incapacitated person's spouse; or
(C) an annulment of the incapacitated person's marriage;
if the petition for dissolution of marriage, legal separation, or
annulment of marriage was filed by the incapacitated person or
the incapacitated person's spouse before the appointment of the
guardian.

Legislative History

As added by P.L.83-2014, SEC.6.