Protective orders; notice and hearing; findings; protective
arrangements
Sec. 1. (a) Upon petition by any person and after hearing, the
court may issue, without the appointment of a guardian, any
protective order for the benefit of a person who has been adjudicated
an incapacitated person or is a minor under IC 29-3-5.
(b) Notice of the filing of a petition under this chapter for the
issuance of a protective order and the hearing on the petition shall be
given under IC 29-3-6.
(c) Incapacitated persons and minors have the same rights at the
hearing on a petition filed under this chapter for the issuance of a
protective order as they would have at a hearing for the appointment
of a guardian.
(d) The court may issue a protective order concerning an
incapacitated person if the court finds that:
(1) the incapacitated person:
(A) owns property or has income requiring management or
protection that cannot otherwise be provided;
(B) has or may have financial or business affairs that may be
jeopardized or impaired; or
(C) has property that needs to be managed to provide for the
support or protection of the incapacitated person;
(2) the incapacitated person is unable to manage the
incapacitated person's property and financial or business affairs
effectively; and
(3) the protection sought is necessary.
The court shall make the orders that it considers proper and
appropriate to protect the person, business affairs, and property of
the incapacitated person.
(e) The court may issue a protective order concerning a minor if
the court finds that:
(1) the minor:
(A) owns property or has income requiring management or
protection that cannot otherwise be provided;
(B) has or may have financial or business affairs that may be
jeopardized or impaired; or
(C) has property that needs to be managed to provide for the
support or protection of the minor; and
(2) the protection sought is necessary.
The court shall make the orders it considers proper and appropriate
to protect the person, business affairs, and property of the minor.
(f) If the court finds grounds for a protective order under
subsection (d) or (e), it may, without appointing a guardian, declare
the person to be a protected person and authorize or ratify any
transaction necessary or desirable to meet the needs of the protected
person. Protective arrangements include the following:
(1) The payment, delivery, deposit, or retention of property.
(2) The sale, mortgage, lease, or other transfer of property.
(3) The entry into an annuity contract, a contract for life care,
a deposit contract, or a contract for training and educating a
person.
(4) The addition to or establishment of a suitable trust.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.66.
Last modified: May 27, 2006