Petition for appointment of guardian; requirements; notice and
hearing; presence of alleged incapacitated person; exceptions;
conduct of hearing
Sec. 1. (a) Any person may file a petition for the appointment of
a person to serve as guardian for an incapacitated person or minor
under this chapter or to have a protective order issued under
IC 29-3-4. The petition must state the following:
(1) The name, age, residence, and post office address of the
alleged incapacitated person or minor for whom the guardian is
sought to be appointed.
(2) The nature of the incapacity.
(3) The approximate value and description of the property of
the incapacitated person or minor, including any compensation,
pension, insurance, or allowance to which the incapacitated
person or minor may be entitled.
(4) If a limited guardianship is sought, the particular limitations
requested.
(5) Whether a guardian has been appointed or is acting for the
incapacitated person or minor in any state.
(6) The residence and post office address of the proposed
guardian and the proposed guardian's relationship to the alleged
incapacitated person.
(7) The names and addresses, as far as known or as can
reasonably be ascertained, of the persons most closely related
by blood or marriage to the person for whom the guardian is
sought to be appointed.
(8) The name and address of the person or institution having the
care and custody of the person for whom the guardian is sought
to be appointed.
(9) The names and addresses of any other incapacitated persons
or minors for whom the proposed guardian is acting if the
proposed guardian is an individual.
(10) The reasons the appointment of a guardian is sought and
the interest of the petitioner in the appointment.
(11) The name and business address of the attorney who is to
represent the guardian.
(b) Notice of a petition under this section for the appointment of
a guardian and the hearing on the petition shall be given under
IC 29-3-6.
(c) After the filing of a petition, the court shall set a date for
hearing on the issues raised by the petition. Unless an alleged
incapacitated person is already represented by counsel, the court may
appoint an attorney to represent the incapacitated person.
(d) A person alleged to be an incapacitated person must be present
at the hearing on the issues raised by the petition and any response
to the petition unless the court determines by evidence that:
(1) it is impossible or impractical for the alleged incapacitated
person to be present due to the alleged incapacitated person's
disappearance, absence from the state, or similar circumstance;
(2) it is not in the alleged incapacitated person's best interest to
be present because of a threat to the health or safety of the
alleged incapacitated person as determined by the court;
(3) the incapacitated person has knowingly and voluntarily
consented to the appointment of a guardian or the issuance of
a protective order and at the time of such consent the
incapacitated person was not incapacitated as a result of a
mental condition that would prevent that person from
knowingly and voluntarily consenting; or
(4) the incapacitated person has knowingly and voluntarily
waived notice of the hearing and at the time of such waiver the
incapacitated person was not incapacitated as a result of a
mental condition that would prevent that person from making
a knowing and voluntary waiver of notice.
(e) A person alleged to be an incapacitated person may present
evidence and cross-examine witnesses at the hearing. The issues
raised by the petition and any response to the petition shall be
determined by a jury if a jury is requested no later than seventy-two
(72) hours prior to the original date and time set for the hearing on
the petition. However, in no event may a request for a jury trial be
made after thirty (30) days have passed following the service of
notice of a petition.
(f) Any person may apply for permission to participate in the
proceeding, and the court may grant the request with or without
hearing upon determining that the best interest of the alleged
incapacitated person or minor will be served by permitting the
applicant's participation. The court may attach appropriate conditions
to the permission to participate.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.68.
Last modified: May 27, 2006