Conditions for termination of guardianship; effect of termination
on guardianship powers
Sec. 1. (a) Unless the protected person has been adjudicated an
incapacitated person, the court shall terminate the guardianship of a
minor upon:
(1) the minor's attaining eighteen (18) years of age; or
(2) the minor's death.
The court may terminate the guardianship of a minor upon the
minor's adoption or marriage.
(b) The court shall terminate the guardianship of an incapacitated
person upon:
(1) adjudication by the court that the protected person is no
longer an incapacitated person; or
(2) the death of the protected person.
(c) The court may terminate any guardianship if:
(1) the guardianship property does not exceed the value of three
thousand five hundred dollars ($3,500);
(2) the guardianship property is reduced to three thousand five
hundred dollars ($3,500);
(3) the domicile or physical presence of the protected person is
changed to another state and a guardian has been appointed for
the protected person and the protected person's property in that
state; or
(4) the guardianship is no longer necessary for any other reason.
(d) When a guardianship terminates otherwise than by the death
of the protected person, the powers of the guardian cease, except that
the guardian may pay the claims and expenses of administration that
are approved by the court and exercise other powers that are
necessary to complete the performance of the guardian's trust,
including payment and delivery of the remaining property for which
the guardian is responsible to the protected person, or, in the case of
an unmarried minor, to a person having care and custody of the
minor with whom the minor resides, or another responsible person
as the court orders.
(e) When a guardianship terminates by reason of the death of the
protected person, the powers of the guardian cease, except that the
guardian may pay the expenses of administration that are approved
by the court and exercise other powers that are necessary to complete
the performance of the guardian's trust and may deliver the remaining
property for which the guardian is responsible to the protected
person's personal representative or to a person who presents the
guardian with an affidavit under IC 29-1-8-1 or IC 29-2-1-2. If
approved by the court, the guardian may pay directly the following:
(1) Reasonable funeral and burial expenses of the protected
person.
(2) Reasonable expenses of the protected person's last illness.
(3) The protected person's federal and state taxes.
(4) Any statutory allowances payable to the protected person's
surviving spouse or surviving children.
(5) Any other obligations of the protected person.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,
SEC.12.
Last modified: May 27, 2006