Account of administration; filing with court; notice of hearing on
account; order of discharge; limitation of actions against sureties
Sec. 6. (a) Unless otherwise directed by the court, a guardian
(other than a temporary guardian) shall file with the court:
(1) at least biennially, not more than thirty (30) days after the
anniversary date of the guardian's appointment; and
(2) not more than thirty (30) days after the termination of the
appointment;
a written verified account of the guardian's administration.
(b) A temporary guardian shall file with the court, within thirty
(30) days after the termination of the temporary guardian's
appointment, and otherwise as ordered by the court, a written
verified account of the temporary guardian's administration.
(c) A written verified account required under this section must
include the incapacitated person's or minor's current residence and a
description of the condition and circumstances of the incapacitated
person or minor.
(d) Notice of the hearing of each account of a guardianship shall
be given, unless waived, to the following:
(1) The protected person.
(2) In the case of a protected person who has died, the personal
representative of the estate of the protected person, if any.
(3) Any other persons that the court directs.
(e) When an account other than an account in final settlement is
filed, the court may approve the same ex parte, but the account may
be reviewed by the court at any subsequent time and does not
become final until an account in final settlement is approved by the
court after notice and hearing.
(f) When notice of hearing has been given under this section, the
order of the court approving the intermediate account or the final
account is binding upon all persons.
(g) When a guardian files with the court proper receipts or other
evidence satisfactory to the court showing that the guardian has
delivered to the appropriate persons all the property for which the
guardian is accountable as guardian, the court shall enter an order of
discharge. The order of discharge operates as a release from the
duties of the guardian's office that have not yet terminated and
operates as a bar to any suit against the guardian and the guardian's
sureties, unless the suit is commenced within one (1) year from the
date of the discharge.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.76.
Last modified: May 27, 2006