Emergencies; appointment of temporary guardian; suspension of
guardian; exemptions
Sec. 4. (a) If:
(1) a guardian has not been appointed for an incapacitated
person or minor;
(2) an emergency exists;
(3) the welfare of the incapacitated person or minor requires
immediate action; and
(4) no other person appears to have authority to act in the
circumstances;
the court, on petition by any person or on its own motion, may
appoint a temporary guardian for the incapacitated person or minor
for a specified period not to exceed sixty (60) days. No such
appointment shall be made except after notice and hearing unless it
is alleged and found by the court that immediate and irreparable
injury to the person or injury, loss, or damage to the property of the
alleged incapacitated person or minor may result before the alleged
incapacitated person or minor can be heard in response to the
petition. If a temporary guardian is appointed without notice and the
alleged incapacitated person or minor files a petition that the
guardianship be terminated or the court order modified, the court
shall hear and determine the petition at the earliest possible time.
(b) If the court finds that a previously appointed guardian is not
effectively performing fiduciary duties and that the welfare of the
protected person requires immediate action, the court may suspend
the authority of the previously appointed guardian and appoint a
temporary guardian for the protected person for any period fixed by
the court. The authority of the previously appointed guardian is
suspended as long as a temporary guardian appointed under this
subsection has authority to act.
(c) A temporary guardian appointed under this section has only
the responsibilities and powers that are ordered by the court. The
court shall order only the powers that are necessary to prevent
immediate and substantial injury or loss to the person or property of
the alleged incapacitated person or minor in an appointment made
under this section.
(d) Proceedings under this section are not subject to the provisions
of IC 29-3-4.
(e) A proceeding under this section may be joined with a
proceeding under IC 29-3-4 or IC 29-3-5.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.65; P.L.154-1990, SEC.13.
Last modified: May 27, 2006