Indiana § 29-3-9-4.5 Estate planning

Indiana Statutes

§ 29-3-9-4.5 — Estate planning

Indiana § 29-3-9-4.5

Art. 3GUARDIANSHIPS AND PROTECTIVE

Ch. 9Matters Other Than Appointment

This text of Indiana § 29-3-9-4.5 (Estate planning) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 29-3-9-4.5 (2026).

Text

5.

(a)After notice to interested persons and upon authorization of the court, a guardian may, if the protected person has been found by the court to lack testamentary capacity, do any of the following:

(1)Make gifts.

(2)Exercise any power with respect to transfer on death or payable on death transfers that is described in IC 30-5-5-7.5.

(3)Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties.

(4)Exercise or release a power of appointment.

(5)Create a revocable or irrevocable trust of all or part of the property of the estate, including a trust that extends beyond the duration of the guardianship.

(6)Revoke or amend a trust that is revocable b

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5. (a) After notice to interested persons and
upon authorization of the court, a guardian may, if the protected person
has been found by the court to lack testamentary capacity, do any of the
following:
(1) Make gifts.
(2) Exercise any power with respect to transfer on death or
payable on death transfers that is described in IC 30-5-5-7.5.
(3) Convey, release, or disclaim contingent and expectant
interests in property, including marital property rights and any
right of survivorship incident to joint tenancy or tenancy by the
entireties.
(4) Exercise or release a power of appointment.
(5) Create a revocable or irrevocable trust of all or part of the
property of the estate, including a trust that extends beyond the
duration of the guardianship.
(6) Revoke or amend a trust that is revocable by the protected
person.
(7) Exercise rights to elect options and change beneficiaries under
insurance policies, retirement plans, and annuities.
(8) Surrender an insurance policy or annuity for its cash value.
(9) Exercise any right to an elective share in the estate of the
protected person's deceased spouse.
(10) Renounce or disclaim any interest by testate or intestate
succession or by transfer inter vivos.
(b) Before approving a guardian's exercise of a power listed in
subsection (a), the court shall consider primarily the decision that the
protected person would have made, to the extent that the decision of
the protected person can be ascertained. If the protected person has a
will, the protected person's distribution of assets under the will is prima
facie evidence of the protected person's intent. The court shall also
consider:
(1) the financial needs of the protected person and the needs of
individuals who are dependent on the protected person for
support;
(2) the interests of creditors;
(3) the possible reduction of income taxes, estate taxes,
inheritance taxes, or other federal, state, or local tax liabilities;
(4) the eligibility of the protected person for governmental
assistance;
(5) the protected person's previous pattern of giving or level of
support;
(6) the protected person's existing estate plan, if any;
(7) the protected person's life expectancy and the probability that
the guardianship will terminate before the protected person's
death; and
(8) any other factor the court considers relevant.
(c) A guardian may examine and receive, at the expense of the
guardian, copies of the following documents of the protected person:
(1) A will.
(2) A trust.
(3) A power of attorney.
(4) A health care appointment.
(5) An advance directive.
(6) Any other estate planning document.