§ 29-3-9-6 — Account of administration; filing with court; notice of hearing on account; order of discharge; limitation of actions against sureties

Indiana § 29-3-9-6

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

Text

(a) Unless otherwise directed by the court, a
guardian (other than a temporary guardian) shall file with the court:
(1) at least biennially, not more than thirty (30) days after the
anniversary date of the guardian's appointment; and
(2) not more than thirty (30) days after the termination of the
appointment;
a written verified account of the guardian's administration.
(b) A temporary guardian shall file with the court, within thirty (30)
days after the termination of the temporary guardian's appointment, and
otherwise as ordered by the court, a written verified account of the
temporary guardian's administration.
(c) A written verified account required under this section must
include the incapacitated person's or minor's current residence and a
description of the condition and circumstances of the incapacitated
person or minor, including a specific showing of whether guardianship
is still necessary and appropriate, and whether any less restrictive
alternatives have been considered or implemented.
(d) The court shall conduct a hearing on each verified account filed
under this section. The court shall give notice to each person entitled
to receive notice that an accounting has been filed and will be acted
upon by the court on the date set unless written objections are
presented to the court on or before that date. The court shall give the
notice required by this subsection, unless waived, to the following:
(1) The protected person, unless waived by the court. If notice to
the protected person is waived, the court shall give notice to a
person who is not the guardian of the protected person in the
following priority:
(A) The protected person's spouse.
(B) An adult child of the protected person.
(C) A parent of the protected person.
(D) A guardian ad litem appointed by the court under
subsection (e).
(2) In the case of a protected person who has died, the personal
representative of the estate of the protected person, if any.
(3) Any other persons that the court directs.
(e) The court may appoint a guardian ad litem to review on behalf
of a protected person an accounting filed under this section if:
(1) the protected person does not have a spouse, an adult child, or
a parent; or
(2) the same individual:
(A) served as the protected person's guardian before the death
of the protected person; and
(B) is the personal representative of the protected person's
estate.
(f) When an account other than an account in final settlement is
filed, the court may approve the same ex parte, but the account may be
reviewed by the court at any subsequent time and does not become
final until an account in final settlement is approved by the court after
notice and hearing.
(g) When notice of hearing has been given under this section, the
order of the court approving the intermediate account or the final
account is binding upon all persons.
(h) When a guardian files with the court proper receipts or other
evidence satisfactory to the court showing that the guardian has
delivered to the appropriate persons all the property for which the
guardian is accountable as guardian, the court shall enter an order of
discharge. The order of discharge operates as a release from the duties
of the guardian's office that have not yet terminated and operates as a
bar to any suit against the guardian and the guardian's sureties, unless
the suit is commenced within one (1) year from the date of the
discharge.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.76; P.L.99-2013, SEC.8; P.L.68-2019, SEC.3.