Title 29, PROBATE

Sec. 13. Every guardian shall invest the surplus funds of the estate of the protected person, in which investment the guardian has no interest, and only as provided in this section: (1) In bonds or notes constituting the direct and general obligations of the United States, or of …

Sec. 14. (a) A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the protected person, the spouse, and the children under the age of eighteen (18) years of the protected person, except upon petition to and pri…

Sec. 15. (a) The court may authorize the purchase of the entire fee simple title to real estate in Indiana in which the guardian has no interest, but only as a home for the ward, or to protect the ward's interest, or (if the ward is not a minor) as a home for the ward's dependent…

Sec. 16. When a copy of any public record is required by the department to be used in determining the eligibility of any person to participate in benefits made available by the department, the official custodian of such public record shall without charge provide the applicant for…

Sec. 17. In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Department showing that a minor has attained majority or that the incapacitated person has been rated competent by the Department upon examination …

Sec. 18. The provisions of this chapter relating to surety bonds and the administration of estates of protected persons shall apply to all income and estate as defined in section 1 of this chapter whether the guardian has been appointed under this chapter or under any other law o…

Sec. 2. The Secretary shall be a party in interest in any proceeding: (1) for the appointment or removal of a guardian; (2) for the recognition that an individual is no longer a minor or an incapacitated person (as defined in IC 29-3-1-7.5); and (3) affecting in any manner the ad…

Sec. 3. Whenever, pursuant to any law of the United States or regulation of the department, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this chapter. Formerly: Acts 1953, c.112, s.2003. As amen…

Sec. 5. (a) A petition for the appointment of a guardian may be filed by any relative or friend of the incapacitated person or minor or by any person who is authorized by law to file such a petition. If there is no person authorized to file or if the person authorized to file ref…

Sec. 6. Where a petition is filed for the appointment of a guardian for a minor, a certificate of the secretary or the secretary's authorized representative, setting forth the age of such minor as shown by the records of the department and the fact that the appointment of a guard…

Sec. 7. Where a petition is filed for the appointment of a guardian for an incapacitated person, a certificate of the administrator or the administrator's duly authorized representative that the person has been rated incompetent or incapacitated by the Department on examination i…

Sec. 8. Upon the filing of a petition for the appointment of a guardian or the issuance of a protective order under this article, notice shall be given to the incapacitated person, and to other persons and the department by certified mail. Formerly: Acts 1953, c.112, s.2008. As a…

Sec. 9. (a) Upon appointment, a guardian shall execute and file bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the protected person during the ensuing year. The bond shall be in the form and be cond…

Sec. 1. As used in this chapter, "declarant" means an individual who signs a funeral planning declaration executed under this chapter. As added by P.L.143-2009, SEC.14.

Sec. 10. The provisions of a declarant's most recent declaration prevail over any other document executed by the declarant concerning any preferences described in section 9 of this chapter. However, this section may not be construed to invalidate a power of attorney executed unde…

Sec. 11. (a) A person who acts in good faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person. (b) A person who deals with a declaration may presum…

Sec. 12. A declaration must be substantially in the form set forth in section 13 of this chapter, but the declaration may include additional, specific directions. The invalidity of any additional, specific direction does not affect the validity of the declaration. As added by P.L…

Sec. 13. The following is the funeral planning declaration form: FUNERAL PLANNING DECLARATION Declaration made this _____ day of _______ (month, year). I, _________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily make known my instructions …

Sec. 14. A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration with the intent to revoke the declaration. As added by P.L.143-2009, SEC.14.

Sec. 15. Except as otherwise expressly provided in a declaration, a subsequent: (1) dissolution of marriage; (2) annulment of marriage; (3) legal separation of the declarant and the declarant's spouse; or (4) court determination that the declarant and spouse were physically and e…

Sec. 16. Except as otherwise provided in a declaration, section 17 of this chapter controls if a person to whom a declaration delegates the authority to make arrangements after a declarant's death is unable or unwilling to serve. As added by P.L.143-2009, SEC.14.

Sec. 17. The right to control the disposition of a decedent's body, to make arrangements for funeral services, and to make other ceremonial arrangements after an individual's death devolves on the following, in the priority listed: (1) A person: (A) granted the authority to serve…

Sec. 18. A person in Indiana may rely on a declaration or similar instrument that was executed in another state and that complies with the requirements of this chapter to the extent that an action requested by the declarant in the declaration or similar instrument does not violat…

Sec. 19. An action to contest the validity of any declaration made under this chapter must be: (1) brought in the same manner as an action to contest the validity of a will under IC 29-1-7; (2) filed in the circuit court, superior court, or probate court of the county in which th…

Sec. 2. As used in this chapter, "declaration" means a funeral planning declaration executed under this chapter. As added by P.L.143-2009, SEC.14.

Sec. 3. As used in this chapter, "designee" means an individual directed by the terms of a declaration to: (1) carry out the funeral plan of the declarant as set forth in the declaration; or (2) make any arrangements concerning the disposition of the declarant's remains, funeral …

Sec. 4. As used in this chapter, "disposition" has the meaning set forth in IC 25-15-2-7. As added by P.L.143-2009, SEC.14.

Sec. 5. As used in this chapter, "funeral services" has the meaning set forth in IC 25-15-2-17. As added by P.L.143-2009, SEC.14.

Sec. 6. As used in this chapter, "grave memorial" has the meaning set forth in IC 14-21-2-2. As added by P.L.143-2009, SEC.14.

Sec. 7. As used in this chapter, "merchandise" refers to personal property described in IC 30-2-13-8. As added by P.L.143-2009, SEC.14.

Sec. 8. (a) A person who is of sound mind and is at least eighteen (18) years of age may execute a funeral planning declaration substantially in the form set forth in section 13 of this chapter. A declaration may not be included in a will, a power of attorney, or a similar docume…

Sec. 9. A declaration may specify the declarant's preferences concerning any of the following: (1) The disposition of the declarant's remains after the declarant's death. (2) Who may direct the disposition of the declarant's remains. (3) Who may provide funeral services after the…