Payment of debts incurred on behalf of protected person; payment
of claims; actions against guardian; filing of claims
Sec. 1. (a) Without prior order of the court, a guardian shall pay
from the guardianship property all indebtedness that the guardian has
reasonably incurred in good faith on behalf of the protected person.
(b) Upon order of the court, a guardian shall pay from the
protected person's property for which the guardian is responsible any
claim against the protected person or the protected person's property,
that the court determines has merit.
(c) Claims based on:
(1) contracts entered into by a guardian in the guardian's official
capacity;
(2) obligations arising from ownership or control of the
property for which the guardian is responsible; or
(3) acts or omissions in the course of administration of the
guardianship;
may be asserted against the guardianship by proceeding against the
guardian in the guardian's official capacity, whether or not the
guardian is personally liable.
(d) Any person having a claim against the protected person or the
protected person's property or against the guardian as such may file
the claim with the court at any time before the claim is barred by the
statute of limitations and, upon proof of the claim, procure an order
for its allowance and payment from the guardianship property.
However, if a claim is filed within sixty (60) days before the date
that a protected person attains the age of majority or regains
capacity:
(1) the claim shall be stayed until the sixty (60) day period has
elapsed;
(2) the protected person shall be substituted as a party; and
(3) the guardian shall prepare and file the guardian's account
without regard to the claim.
As added by P.L.169-1988, SEC.1.
Last modified: May 27, 2006